Rule 8.226 - DETERMINATION OF PARENTHOOD(a)In General. The court must determine the identity of all parents and prospective parents at the initial hearing in proceedings under chapter 39, Florida Statutes, as provided by law. Nothing in this rule prevents a parent or prospective parent from pursuing remedies under chapter 742, Florida Statutes. The court having jurisdiction over the dependency matter may conduct proceedings under chapter 742, Florida Statutes, either as part of the chapter 39, Florida Statutes, proceeding or in a separate action under chapter 742, Florida Statutes.(b)Appearance of Prospective Parent.(1) If a prospective parent appears in the chapter 39, Florida Statutes, proceeding, the court must advise the prospective parent of the right to become a parent in the proceeding by completing a sworn affidavit of parenthood and filing the affidavit with the court or the department. This subdivision does not apply if the court has identified both parents of the child as defined by law.(2) If the prospective parent seeks to become a parent in the chapter 39, Florida Statutes, proceeding, the prospective parent must complete a sworn affidavit of parenthood and file the affidavit with the court or the department. If a party objects to the entry of the finding that the prospective parent is a parent in the proceeding, or if the court on its own motion requires further proceedings to determine parenthood, the court must not enter an order finding parenthood until proceedings under chapter 742, Florida Statutes, have been concluded. The prospective parent must continue to receive notice of hearings as a participant pending the proceedings under chapter 742, Florida Statutes. If no other party objects and the court does not require further proceedings to determine parenthood, the court must enter an order finding that the prospective parent is a parent in the proceeding.(3) If the prospective parent is uncertain about parenthood and requests further proof of parenthood, or if there is more than one prospective parent for the same child, the juvenile court may conduct proceedings under chapter 742, Florida Statutes, to determine parenthood. At the conclusion of the chapter 742, Florida Statutes, proceedings, the court must enter an order determining parenthood.(4) Provided that paternity has not otherwise been established by operation of law or court order, at any time prior to the court entering a finding that the prospective parent is the parent in the proceeding, the prospective parent may complete and file with the court or the department a sworn affidavit of nonpaternity declaring that the prospective parent is not the parent of the child and waiving all potential rights to the child and rights to further notices of hearing and court filings in the proceeding.(5) If the court has identified both parents of a child as defined by law, the court mustl not recognize an alleged biological parent as a parent in the proceeding until a court enters an order pursuant to law establishing the alleged biological parent as a parent in the proceeding.Amended effective 7/1/2023; amended by 46 Fla. L. Weekly S301, effective 1/1/2022; adopted by 115 So.3d 286, effective 7/1/2013; amended by 783 So.2d 138, effective 1/1/2001; amended by 589 So.2d 818, effective 7/1/1991; added by 549 So.2d 663, effective 10/1/1989; amended by 462 So.2d 399, effective 1/1/1985; amended by 393 So.2d 1077, effective 1/1/1981.