Immigration Corner | How can I get my name on my child’s birth certificate?

Dear Mrs Walker-Huntington,

I ’ve been declared the paternal father of a child born in Florida to a Jamaican woman who was, at the time, married to an American resident. I applied to the Florida Department of Vital Statistics to amend the records and was advised that, based on Florida law, the fact that the mother was married at the time, only the husband’s or the mother’s name could be added to the birth certificate (the child is registered in the mother’s name).

In order for me to be added, I need a court order declaring paternity. The child has always resided in the Cayman Islands with the mother and we both share custody. I applied in the Cayman Islands and obtained a court order declaring me as the paternal father. I then submitted those documents to the Florida Department of Vital Statistics and was again denied the amendment, because the court order would have to be formalised in the United States (US), or I need an affidavit from the husband, from whom the mother is estranged, stating that he is not the father and has no paternal interest in the child.

The mother was able to make contact with her estranged husband. However, she has had no contact since 2015.

Is there anything that you could do to assist? My daughter is now six years old and it bothers me every single day that she cannot use my name as her rightful name.

Thank you.

D.D.

Dear D.D.,

In the state of Florida, the law is clear that a child born during a marriage is presumed to be an issue of the marriage. The presumption is rebuttable, and the husband can file a petition to be relieved of his parental rights. As the biological father of this child, a man other than the husband can file a Petition to Determine Paternity and convince the court why he should be declared the father. There was antiquated case law that wanted to protect the legitimacy of the child and was geared towards ‘protecting’ the child by preserving the husband as the legal father of the child.

In your situation, your difficulty would be in filing a paternity declaration if you are not a US resident/citizen and in the state of Florida for six months.

The Florida Department of Vital Statistics has given you the other option, that of having your Caymanian court order domesticated in Florida. You need an attorney licensed in the state of Florida to open a case, based on the Florida statutes, to domesticate your Caymanian judgment. This means that the state of Florida would recognise the Caymanian judgment as if it were issued by a Florida court, if all the statutory requirements are met.

Beyond the emotional effect that not having your name on your child’s birth certificate may have on you, there are also legal repercussions that can come out of that situation. One is, if and when your daughter may try to petition for you to become a US resident.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and special magistrate in Broward County, Florida. info@walkerhuntington.com.