Form 12.981(a)(3) – Affidavit of Nonpaternity

Jurisdiction: Country: United States | Province or State: Florida

What is a Form 12.981(a)(3) – Affidavit of Nonpaternity?

This Florida Supreme Court-approved family law form is a sworn statement. You use it to say you are not a child’s biological father. It is most common in a stepparent adoption case. It helps the court know that your consent is not required for the adoption. It also helps clear the marital presumption of fatherhood when it applies.

Florida law presumes a husband is the father of a child born during a marriage. The presumption can delay or block an adoption. This affidavit lets a husband state under oath that he is not the biological father. A man listed on the birth certificate can also use it. An alleged father who has been named in the case may use it too.

Who typically uses this form?

Usually, it is the mother’s husband at conception or birth. It may also be a man listed as the father on the birth certificate. Sometimes, it is a man who was identified as a possible father. The petitioner in a stepparent adoption often relies on this affidavit. That petitioner is usually the stepparent adopting the child. The mother may coordinate obtaining it as well.

Why would you need this form?

You need it to streamline the adoption process. The affidavit helps remove a legal barrier to the adoption. It reduces the need for more notices, hearings, or genetic testing. The court can rely on your sworn statement to decide that consent is not required. It helps the court reach a clear, efficient outcome.

Typical usage scenarios

You may be the mother’s husband, but not the biological father. You learned the child was conceived with someone else. You want to confirm you have no parental rights in the child. You want the court to proceed with the stepparent adoption without your consent.

You may be the man listed on the birth certificate by mistake. You later learned you are not the biological father. You want to correct the record in the adoption case. You wish to waive any rights or notices. You do not want to contest the adoption.

You may be a man who was served or named in the case. You know you are not the father. You want the court to remove you from the case. You do not want to be involved further.

In each scenario, the affidavit helps the judge. It confirms that the person named as father does not claim paternity. It clarifies that the adoption can move forward without that person’s consent. It supports a finding that the marital presumption does not apply. Or it shows that it should not block the adoption.

The form is part of the Florida stepparent adoption forms set. It is designed to work with the adoption petition. The court uses it as reliable evidence. The sworn nature of the form gives the court confidence. It reduces the risk of surprise claims later.

When Would You Use a Form 12.981(a)(3) – Affidavit of Nonpaternity?

You would use this form when an adoption is planned and a presumed or listed father is not the biological father. The most common case is a stepparent adoption. The mother and her spouse want to adopt the child. The mother was married to a different person at conception or birth. By law, that earlier husband is presumed to be the child’s father. The earlier husband signs this affidavit to disclaim paternity. The court can then move ahead without his consent.

You also use it if your name appears on the child’s birth certificate, but you are not the biological father. This happens when parents sign the certificate without testing. It can also happen because of marriage rules at the time of birth. If a stepparent is adopting, your affidavit helps correct the record. It tells the court you are not the father. It tells the court you do not want to stop the adoption.

Another common moment is after a DNA test that excludes you. For example, you believed you were the father. A test showed you are not. The mother’s spouse or partner now seeks to adopt. You file this affidavit to remove yourself from the case. You let the court know you waive notice and consent.

You may also use this form if you were named in the case only because you had a relationship with the mother. You know you are not the father. You want to avoid future hearings. You want to avoid being served again. You use the affidavit to exit the case.

Typical users include presumed husbands, men listed on birth certificates, and alleged fathers. Petitioners, such as stepparents, often ask these men to sign it. Mothers often facilitate the process. Lawyers for petitioners frequently prepare the form for signature. The clerk files it into the adoption or termination case. The judge reviews it at the final hearing.

In short, use this form when a man’s legal or presumed status would otherwise delay an adoption. The affidavit clears that obstacle in a direct, sworn, and formal way. It ensures the case can proceed cleanly and quickly.

Legal Characteristics of the Form 12.981(a)(3) – Affidavit of Nonpaternity

This affidavit is a sworn statement under oath. That makes it legally significant. When you sign, you swear the contents are true. A notary or deputy clerk must witness your signature. False statements can expose you to penalties for perjury. This ensures the court can rely on the contents.

Is it legally binding?

It is binding as your sworn testimony. It is not a court order by itself. It does not finish the adoption. It does not change a birth certificate on its own. It does not end an existing child support order by itself. Instead, it supports the court’s final decisions. The judge can use it to find that your consent is not needed. The judge can accept it to overcome the marital presumption. It becomes part of the official case file. The court can adopt its facts in the final judgment.

What ensures enforceability?

Several features do. The form’s language is clear and specific. It addresses your status and waiver of rights. It is notarized to verify identity and oath. It is filed in the court case to give it official effect. It references the child and the relationship clearly. That clarity helps the judge rely on it.

General legal considerations matter. The affidavit is not a DNA test. If someone disputes your claim, the court can still order testing. The court may require more evidence if facts are unclear. The affidavit does not automatically terminate parental rights. The court must still enter a final judgment. The court always considers the child’s best interests. If the case is contested, the judge may set a hearing.

If you have a separate paternity or child support order, this affidavit does not remove it alone. You or another party must ask the court to change that order. Termination of parental rights through adoption will usually end future support. However, unpaid support that has already accrued may remain due. Address that with counsel, and ensure orders are clear.

Revoking an affidavit is difficult. The court expects truthfulness under oath. Undoing an affidavit often requires proof of fraud, duress, or mistake. If you feel pressured, do not sign. If you are unsure, get advice before signing. The court prefers honest, final statements that resolve issues.

The affidavit applies to Florida cases only. Use it in the circuit court handling the adoption. Use it with the Florida family law forms. Do not use it to disestablish paternity outside of an adoption. A different statute and process cover that. If your goal is to end a child support order outside of adoption, this is not the correct tool. Ask about the correct procedure before filing.

How to Fill Out a Form 12.981(a)(3) – Affidavit of Nonpaternity

Follow these steps to complete the form accurately. Keep your statements clear and truthful. Write in ink or type. Do not sign until you are with a notary or clerk.

Step 1: Confirm the form fits your case.

Make sure a Florida stepparent adoption or related termination case is planned or open. Ensure you are the person presumed or listed as the father. Confirm you are not the child’s biological father. If those facts match, you have the right form.

Step 2: Gather key information.

You will need the child’s full name and date of birth. You will need the mother’s full name. If there is an open case, get the case number and division. You may also need the county where the case is pending. If you were married to the mother, know the marriage and separation dates. If you have a DNA test, have a copy ready. Although not required, you may attach it as an exhibit.

Step 3: Complete the case caption.

At the top, list the court as the Circuit Court of the county where the case is pending. If the case is not yet opened, ask which county the petition will be filed in. Use that county. Add the case number and division if known. If unknown, you can leave those lines blank. The clerk will fill them when the case opens. Title the case “In the Matter of the Termination of Parental Rights Pending Adoption of [Child’s Name or Initials].”

Step 4: Identify yourself as the affiant.

State your full legal name, address, and contact information. Identify your relationship to the mother. State if you were married to the mother at conception or birth. If you are listed on the birth certificate, say so. If you were named as a possible father, state that. This shows the court why your affidavit is needed.

Step 5: Identify the child.

List the child’s full legal name and date of birth. Include the place of birth if known. If the child uses a nickname or a different last name, list the legal name first. Use the name on the birth certificate if you know it. Accuracy here helps avoid confusion.

Step 6: Make the core sworn statements.

State clearly that you are not the biological father of the child. If you were married to the mother at conception or birth, say that you understand the law presumes you are the father. Then say you are not the biological father. If you are on the birth certificate, say you understand that fact. Then say you are not the biological father. If you have a DNA test that excludes you, mention it. Attach a copy if you have one. If you did not have sexual relations with the mother during the likely conception window, state that. Keep your statements short and direct.

Step 7: Waive consent and notice.

State that your consent to the adoption is not required. State that you waive any right to notice of further proceedings. State that you do not object to the court proceeding without your consent. This helps the court simplify the case. The judge can then rely on your waiver.

Step 8: Acknowledge the legal effect.

State that you understand the court may rely on your affidavit. State that you understand it may lead to termination of your parental status in this case. State that you understand you may have no further rights related to this child in this case. This confirms you know the consequences.

Step 9: Address any support or court orders, if needed.

If there is an existing support or paternity order, mention it briefly. You can say you understand the affidavit does not, by itself, modify those orders. You can say you will address any orders with the court if needed. This helps avoid confusion later. Do not include requests to change support here. Use the correct process for that.

Step 10: Attach exhibits, if available.

Label any attachments as exhibits. For example, “Exhibit A: DNA Test Report.” Only attach relevant documents. Do not overload the file. Keep exhibits simple and clear.

Step 11: Sign before a notary or deputy clerk.

Do not sign the affidavit until you are with a notary or deputy clerk. Show a valid ID. Sign your full legal name in ink. The notary will complete the acknowledgment block. The notary will affix a stamp or seal. The date must match the notary’s certification date.

Step 12: Complete the certificate of service, if included.

Many Florida family law forms include a certificate of service. List the names and addresses of all parties and lawyers in the case. This often includes the mother, the adopting stepparent, and their counsel. Include emails if the service is by email. Sign and date the certificate of service. If the specific form you use does not include this page, ask the clerk how to serve it. Proper service prevents later disputes.

Step 13: File the affidavit with the clerk.

File the original with the clerk of the circuit court. If the case is open, include the case number. You can e-file if the case is in the e-filing system. Keep at least two copies. Provide a copy to the petitioner or their lawyer. Keep a stamped copy for your records.

Step 14: Prepare for the hearing.

If a hearing is set, bring a copy of the affidavit. Bring any confirming documents you attached. Be ready to answer short questions from the judge. Most judges will accept the affidavit without live testimony. Still, be ready if the judge wants clarification.

Step 15: Follow through after the order.

If the court enters a final judgment of adoption, your role ends. The court may direct the issuance of a new birth certificate. If a support order exists, confirm whether the adoption order addresses it. Resolve any remaining arrears or enforcement matters. Close the loop to avoid future confusion.

Common mistakes to avoid:

• Signing outside the presence of a notary or clerk. Always sign under oath.
• Using the wrong county or case caption. Check with the petitioner’s lawyer or the clerk.
• Leaving blanks in key paragraphs. Complete all identity and child information.
• Being vague about your status. Clearly state your marriage or birth certificate status.
• Attaching irrelevant documents. Keep exhibits focused and necessary.
• Assuming this ends child support by itself. Court orders, not affidavits, control support.

Practical tips:

• Coordinate with the adopting stepparent’s counsel. They can ensure the caption matches.
• Use your full legal name as on your ID. This avoids ID issues with the notary.
• Keep your statements short and factual. Avoid speculation or opinions.
• If you have doubts, pause and get advice. The affidavit carries legal weight.

By following these steps, you will complete the form correctly. You help the court resolve paternity status cleanly. You allow the adoption case to move forward without delay.

Legal Terms You Might Encounter

• An affidavit is a sworn statement you sign under oath. You must tell the truth. A notary watches you sign and verifies your identity. This form is an affidavit. You affirm facts about paternity to the court.
• Nonpaternity means you state you are not the child’s biological father. When you sign this form, you deny paternity. You also give up any claim to legal father status for this child.
• A legal father is the man the law recognizes as the child’s father. That can come from marriage to the mother, a birth certificate entry, or an acknowledgment. This form lets a man who appears to be the legal father tell the court he is not the biological father and does not claim rights.
• A biological father is the man whose DNA created the child. This form is used when you know you are not the biological father. If you are unsure, do not use this affidavit until you confirm.
• A presumption of paternity happens when a child is born during a marriage. The husband is presumed to be the father. This affidavit helps address that presumption by denying paternity under oath. The court still reviews all facts before it rules.
• A putative father is a man who may be the biological father but is not legally recognized yet. If you think you might be the father, do not sign this form. Signing it tells the court you deny paternity and any rights.
• Termination of parental rights is a court decision that ends legal rights and duties. Your affidavit can support a request to terminate your rights if you are not the father. The court must still issue an order.
• A waiver is a choice to give up a right. This form usually includes a waiver of future notice. You agree not to get more notices or appear at future hearings about the adoption or related issues.
• Venue is the county and court where the case is filed. You must file your affidavit in the proper case and county. Use the same case caption and number if a case is already open.
• Perjury is a crime for lying under oath. Every statement in your affidavit must be true and precise. If you are unsure, find the facts before you sign.
• Service of process means delivering legal papers to other parties. After you file your affidavit, you may need to serve the petitioner and the mother. Follow the court’s rules to prove service.

FAQs

Do you need a DNA test before signing?

No. A DNA test is not required to sign this affidavit. You should sign only if you are sure you are not the biological father. If paternity is disputed, the court may require testing.

Do you have to go to a hearing after you file?

Often, no. Judges accept a complete, notarized affidavit filed in the case. The court may still schedule a hearing if questions arise. Watch your mail and the case docket.

Do you sign if your name is on the birth certificate?

Yes, if you deny paternity. The affidavit tells the court that your name on the birth certificate does not reflect biology. The judge decides what to do with that information.

Do you need the mother’s permission to file this form?

No. You can file your own affidavit in the pending case. You still must provide copies to the other parties as required.

Does signing end your child support right away?

No. Only a court order changes support. Signing the affidavit tells the court you deny paternity. Your support duties continue unless and until the court modifies them.

Do you need a notary to sign?

Yes. You must sign in front of a notary. Bring valid identification. The notary dates and stamps the affidavit and confirms your identity.

Can you take it back after filing?

You can ask to withdraw or amend before the court rules. After a final judgment, changing course is difficult. The court rarely sets aside final orders without strong grounds.

Where do you file the affidavit?

File it in the same case where paternity, adoption, or termination is pending. If there is no case, the document usually gets filed with the adoption or termination petition. Ask the clerk where to place it in the file.

Checklist: Before, During, and After the Affidavit of Nonpaternity

Before signing

• Gather your government-issued ID for notarization.
• Confirm the court case number and division, if any.
• Confirm the correct county for the case.
• Write the child’s full legal name and date of birth.
• Confirm the mother’s full legal name and any prior names.
• Collect any documents that affect legal father status. Examples: marriage record, birth certificate, acknowledgment of paternity, prior court orders.
• Review any pending petitions or notices in the case.
• Decide whether you will waive future notice of hearings.
• List addresses for all parties and attorneys for service.
• Schedule a notary. Plan where you will sign and stamp.

During signing

• Check the case caption. Confirm county, parties, and case number.
• Verify your legal name, address, and contact details.
• Confirm the child’s information matches official records.
• State clearly that you are not the biological father.
• If the form asks about marriage, answer precisely. Note whether the child was born during a marriage to you.
• If the form includes a waiver of notice, confirm your choice.
• Read the perjury statement. Do not leave blanks.
• Sign only in the notary’s presence. Do not pre-sign.
• Ensure the notary completes the notarial certificate. Confirm date, seal, and notary ID details are present.
• Initial any corrections the notary requires.

After signing

• Make at least three copies: one for the court, one for your records, and one for service.
• File the original with the clerk in the correct case.
• Complete a certificate of service, if required.
• Serve all required parties. That often includes the petitioner, the mother, and any appointed guardian ad litem.
• Keep proof of filing and service. Save stamped copies and mailing receipts.
• Calendar any hearings or deadlines the court sets.
• Store the notarized original or file-stamped copy in a safe place.

Common Mistakes to Avoid

Don’t forget to notarize the affidavit.

• Consequence: The clerk may reject the filing. The court may not consider the affidavit. Your case can be delayed.

Don’t leave blanks or vague statements.

• Consequence: The court may find the affidavit incomplete. You could face a new hearing or a denial.

Don’t mismatch names, dates, or case numbers.

• Consequence: The document might not get linked to the correct case. You may need to refile and reserve parties.

Don’t contradict prior acknowledgments without clarity.

• Consequence: The court may doubt your statements. You could face questions about credibility or intent.

Don’t skip service on necessary parties.

• Consequence: Orders can be delayed. The judge may require you to re-serve and reset hearings.

What to Do After Filling Out the Form

1. File your affidavit promptly. Use the correct case number and division. Ask the clerk to stamp your copy. Keep the filing receipt.
2. Serve all required parties. Mail or deliver a copy as the rules require. Include a certificate of service with names, addresses, and dates served. Keep proof, such as certified mail receipts.
3. Track your case. Watch for docket updates and mailed notices. Respond to any court request for more information. Attend hearings if the court sets one.
4. Address child support, if applicable. Your affidavit does not change the support by itself. If support exists, a judge must address it. Bring the issue to the court’s attention in the proper motion or hearing.
5. Correct mistakes quickly. If you spot an error, prepare an amended affidavit. Mark it “Amended,” correct the facts, and re-notarize. File and serve the amended version the same way as the original.
6. Follow through with related steps. If the affidavit supports an adoption or termination, check that the petitioner received it. Confirm it appears in the court file before the final hearing.
7. Store your records. Keep a full copy set: the signed affidavit, the file-stamped copy, and proof of service. Save any clerk receipts and hearing notices. Maintain these records for future reference.
8. Stay consistent. Make sure your statements match any other filings you submit. Keep dates, names, and case details uniform across all documents.
9. Ask the clerk about scheduling. Some courts set hearings automatically. Others require a party to request one. Confirm the local practice so you do not miss a step.
10. Mind deadlines. If a final hearing is near, file well in advance. Late filings can miss the record and force a reset.
11. Note your waiver choice. If you waived notice in the affidavit, do not expect future hearing notices. Check the docket proactively so you understand the case status.
12. Prepare for the following outcomes. The court may accept your affidavit and enter orders. Or it may request more proof. Be ready to comply with any instructions.