732.108
Adopted persons and persons born out of wedlock.
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732.108 Adopted persons and persons born out of wedlock.—
(1) For the purpose of intestate succession by or from an adopted person, the adopted person is a descendant of the adopting parent and is one of the natural kindred of all members of the adopting parent’s family, and is not a descendant of his or her natural parents, nor is he or she one of the kindred of any member of the natural parent’s family or any prior adoptive parent’s family, except that:
(a) Adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and the natural parent or the natural parent’s family.
(b) Adoption of a child by a natural parent’s spouse who married the natural parent after the death of the other natural parent has no effect on the relationship between the child and the family of the deceased natural parent.
(c) Adoption of a child by a close relative, as defined in s. 63.172(2), has no effect on the relationship between the child and the families of the deceased natural parents.
(2) For the purpose of intestate succession in cases not covered by subsection (1), a person born out of wedlock is a descendant of his or her mother and is one of the natural kindred of all members of the mother’s family. The person is also a descendant of his or her father and is one of the natural kindred of all members of the father’s family, if:
(a) The natural parents participated in a marriage ceremony before or after the birth of the person born out of wedlock, even though the attempted marriage is void.
(b) The paternity of the father is established by an adjudication before or after the death of the father. Chapter 95 shall not apply in determining heirs in a probate proceeding under this paragraph.
(c) The paternity of the father is acknowledged in writing by the father.
History.—s. 1, ch. 74-106; s. 11, ch. 75-220; s. 7, ch. 77-87; s. 1, ch. 77-174; s. 2, ch. 87-27; s. 954, ch. 97-102; s. 8, ch. 2007-74; s. 2, ch. 2009-115.
Note.—Created from former ss. 731.29, 731.30.
Notes of Decisions
Cited in 40
cases (2 in the last 5 years), 1976–2023 · leading case: Rose v. Sonson
Rose v. Sonson (2016)
“; § 732.108(2)(b), Fla. Stat. (2009) (“For the purpose of intestate succession .”
In Re Estate of Odom (1981)
“The trial court denied the motion to vacate and the district court reversed, holding, among other things, that the appellant alleged a meritorious defense that decedent was the father of her child.”
Wilson v. Scruggs (1996)
“11(3)(b) inapplicable to Scruggs’ claims, the district court of appeal referred to section 732.108(2), which reads as follows: (2) For the purpose of intestate succession in cases not covered by subsection (1), a person born out of wedlock is a lineal descendant of his mother…”
Doe v. SUNTRUST BANK (2010)
“Additionally, the Does argued that section 760.40, Florida Statutes (2005), prohibits the court from ordering them to submit a DNA sample for testing.”
Gammon v. Cobb (1976)
“Section 732.108, Florida Statutes, Chapter 74-106, Laws of Florida, permits a child born out of wedlock to inherit from an intestate father if paternity is established by adjudication.”
Lewis v. Green (1980)
“[11] § 732.108(1), Fla. Stat. (1979). [12] The court said this statute was based on the first adoption statute in Florida of 1885.”
In Re Estate of Robertson (1988)
“Williams and Jerrido, however, although decided in 1976, interpreted not section 732.108, Florida Statutes (1985), but section 731.”
Thurston v. Thurston (2000)
“to § 732.108, Fla. Stat.); Uniform Probate Code § 2-109, 8 U.”
STATE DEPT. OF HEALTH, ETC. v. West (1979)
“Section 732.108(2)(b), Florida Statutes (1977).”
In Re Estate of Burris (1978)
“[4] This new statutory *156 modification, Section 732.108, Florida Statutes (1977), did not take effect until January 1, 1976, and is therefore inapplicable to this case.”
Achumba v. Neustein (2001)
“[1] § 732.108(2)(b), Fla. Stat. (1985). [2] § 768.”
In Re Guardianship of DA McW. (1983)
“See § 732.108(2), Fla. Stat. [3] We recognize that other courts have apparently held to the contrary and we acknowledge apparent conflict with those holdings.”
— 732.108(1) — 4 cases
Lewis v. Green (1980)
“[11] § 732.108(1), Fla. Stat. (1979). [12] The court said this statute was based on the first adoption statute in Florida of 1885.”
Gammon v. Cobb (1976)
“Section 732.108, Florida Statutes, Chapter 74-106, Laws of Florida, permits a child born out of wedlock to inherit from an intestate father if paternity is established by adjudication.”
Huskea's Estate v. Doody (1980)
Wilburn v. Donoyan (1981)
— 732.108(2) — 15 cases
In Re Estate of Odom (1981)
“The trial court denied the motion to vacate and the district court reversed, holding, among other things, that the appellant alleged a meritorious defense that decedent was the father of her child.”
In Re Guardianship of DA McW. (1983)
“See § 732.108(2), Fla. Stat. [3] We recognize that other courts have apparently held to the contrary and we acknowledge apparent conflict with those holdings.”
Gammon v. Cobb (1976)
“Section 732.108, Florida Statutes, Chapter 74-106, Laws of Florida, permits a child born out of wedlock to inherit from an intestate father if paternity is established by adjudication.”
Thurston v. Thurston (2000)
“to § 732.108, Fla. Stat.); Uniform Probate Code § 2-109, 8 U.”
Wilson v. Scruggs (1996)
“11(3)(b) inapplicable to Scruggs’ claims, the district court of appeal referred to section 732.108(2), which reads as follows: (2) For the purpose of intestate succession in cases not covered by subsection (1), a person born out of wedlock is a lineal descendant of his mother…”
— 732.108(2)(a) — 3 cases
Thurston v. Thurston (2000)
“to § 732.108, Fla. Stat.); Uniform Probate Code § 2-109, 8 U.”
— 732.108(2)(b) — 13 cases
Rose v. Sonson (2016)
“; § 732.108(2)(b), Fla. Stat. (2009) (“For the purpose of intestate succession .”
Wilson v. Scruggs (1996)
“11(3)(b) inapplicable to Scruggs’ claims, the district court of appeal referred to section 732.108(2), which reads as follows: (2) For the purpose of intestate succession in cases not covered by subsection (1), a person born out of wedlock is a lineal descendant of his mother…”
In Re Estate of Odom (1981)
“The trial court denied the motion to vacate and the district court reversed, holding, among other things, that the appellant alleged a meritorious defense that decedent was the father of her child.”
Doe v. SUNTRUST BANK (2010)
“Additionally, the Does argued that section 760.40, Florida Statutes (2005), prohibits the court from ordering them to submit a DNA sample for testing.”
STATE DEPT. OF HEALTH, ETC. v. West (1979)
“Section 732.108(2)(b), Florida Statutes (1977).”
— 732.108(2)(c) — 2 cases
Brown v. Johnson (1982)
— 732.108(l)(b) — 1 case
Kay v. Swartz (1987)
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