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In the state of Florida, the law establishes that if the parents cannot agree on their newborn child’s first name, the final decision may be left to a judge. This is provided for by the state’s Civil Registry Statute 382.013, a rule that governs what happens when parents do not complete a specific procedure before or immediately after birth.
The legislation applies to both married and unmarried couples and applies to all births registered in Florida. What many parents do not know is that the law distinguishes between the newborn’s first name and surname, and the rules for each are different.
What does Florida law say about the baby’s name?
Statute 382.013 establishes a key difference: while for the surname there is an automatic solution in the event of disagreement, for the first name there is no equivalent mechanism. If the parents cannot agree, the name simply cannot appear on the birth certificate.
The law provides only two ways to resolve the impasse:
- Notarized agreement: both parents sign a joint document with the chosen name and submit it to the Florida Department of Health.
- Court order: a family court determines the name applying the best interests of the child standard.
What if the mother is not married?
If there is no marital bond, the parent with custody may choose the first and last name without needing an agreement.
What procedure must parents follow to avoid a judge deciding?
The hospital has 48 hours after birth to prepare the birth certificate. If the first name is not defined within that period, the record remains incomplete and the parents must resolve the disagreement outside the hospital.
To complete the registration, the parents must submit a notarized agreement with the agreed-upon name to the Florida Department of Health. The form is available in Spanish — code DH429S — and costs $20. If the conflict persists, either parent may initiate legal action for a judge to decide.