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Chapter: 1400 Technical Requirements Program: MFAM 17 1430.0700 PARENTS (MFAM) 1430.0701 Who is Considered a Parent (MFAM) A "parent" is defined as a natural, biological, adopted or step parent. 1430.0702 Definition of Biological Father (MFAM) An individual is the biological father when he or the child's mother alleges that he is the biological father, and the Department has made a non-judicial determination of paternity.
When the child has a legal father and the mother alleges that someone else is the biological father, the alleged biological father cannot be considered the child's parent until paternity of the alleged biological father is legally established. 1430.0703 Definition of a Legal Father (MFAM) An individual is considered the legal father if:
1. married to the mother at the time of the child's conception or birth, 2. he is the natural, biological father who marries the mother after the child's birth and there was no legal father at the time of the marriage, 3. paternity has been legally established, 4. procedures to amend the child's surname on the birth certificate have been conducted, or 5. the individual is the adoptive father.
This legal relationship supersedes any subsequent allegation of paternity for a natural biological father. 1430.0704 When an Individual Becomes a Parent (MFAM) An individual becomes a parent under the following circumstances:
1. Ceremonial marriage, 2. Common-law marriage, 3. Being a biological parent, 4. Establishing paternity, and 5. Adoption. 1430.0705 Ceremonial Marriage (MFAM) A ceremonial marriage is a wedding ceremony in which a marriage license is obtained. The ceremony must be performed by a religious official, judge, notary, or other individual authorized by law to perform weddings.
Individuals become parents if they marry under either of the following circumstances:
1. In cases in which prior individual marriages exist, a subsequent marriage is still considered binding until determined otherwise by a court of competent jurisdiction. If the legality of a marriage is questioned, the case should be cleared with the Circuit Legal Counsel. 2. If the mother of a child born out of wedlock and the alleged father marry each other at any time after the child's birth, they become the child's parents. A couple considered to be legally married under the laws of another state or country are considered to be legally married for purposes of determining a child's eligibility for Medicaid in Florida. 1430.0706 Biological Parents (MFAM) Biological parents, the birth mother and the natural biological father are considered parents of the child, except as noted in passage 1430.0705.