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12.981(a)(3)

Affidavit of Nonpaternity

Florida · Florida Supreme Court · Effective March 1, 2015

This form is an Affidavit of Nonpaternity used when a stepfather is adopting his wife’s minor child, and the parents were never married and paternity was never legally established. It is a sworn statement where the person signing says they do not want to claim fatherhood for the child.

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Where this fits in a case

Motions

Stage: Motions

This form is used when a stepfather is adopting a minor child whose biological parents were not married and paternity has not been proven by a court order or acknowledgment.

Either party may file.

Common questions

Who needs to sign this form?
The person signing the affidavit must have personal knowledge of the facts and certify that the statements are true. It must also be signed before a notary public or deputy clerk and two witnesses.
What must happen after signing?
The original form must be filed with the Joint Petition for Stepparent Adoption, which is Form 12.981(b)(1).
Can this form be used before the child is born?
Yes, the instructions state that this Affidavit may be executed before the birth of the minor child.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect March 1, 2015.

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