742.091

Marriage of parents.

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742.091 Marriage of parents.—If the mother of any child born out of wedlock and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held to be the child of the husband and wife, as though born within wedlock, and upon the payment of all costs and attorney fees as determined by the court, the cause shall be dismissed and the bond provided for in s. 742.021 shall be void. The record of the proceedings in such cases shall be sealed against public inspection in the interests of the child.

History.—s. 1, ch. 57-267; s. 6, ch. 75-166; s. 4, ch. 90-139.

Notes of Decisions

Cited in 33 cases, 1971–2018 · leading case: Knauer v. Barnett

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Knauer v. Barnett (1978) fla · cites it 6× “In this connection, § 742.091, Fla. Stat. (1973), a part of the bastardy statute, should be considered in pari materia with § 731.”

Lowe v. Broward County (2000) fladistctapp · cites it 2× “10, § 4(c)); legitimacy of children born out of wedlock upon the marriage of the parents (Fla.Stat. § 742.091); and, certain state and federal tax benefits.”

I.A. v. H.H. (1998) fladistctapp · cites it 6× “” § 742.091, Fla. Stat. (1991). For this reason, we believe that this case is controlled by the holding in G.”

J.W.T. v. S.T. (2007) fladistctapp · cites it 7× “Nevertheless, it felt constrained to dismiss the Father’s petition based on section 742.091, Florida Statutes (2006), and this court’s opinion in I.”

A.D.A. v. D.M.F. (2016) fladistctapp · cites it 4× “” § 742.091, Fla..Stat. (2014) (emphasis added).”

Dennis v. DEPT. OF HEALTH & REHAB. SERV. (1990) fladistctapp · cites it 3× “In early English common law a child conceived before, but born during, lawful wedlock was considered illegitimate but later civil and canon laws did not allow a child to remain illegitimate if its parents afterwards married and this result is now dictated by statutes in American…”

T.B. v. M.M. (2006) fladistctapp · cites it 5× “We reverse because we conclude that neither existing case law nor the provisions in section 742.091, Florida Statutes (2004), compels dismissal of this action.”

In Re Estate of Caldwell (1971) fla · cites it 2× “Fla. Stat. § 742.091 , F.S.A. A judgment of adoption makes the child a legal heir.”

In Re Family Law Rules of Procedure (1995) fla “their (great)-grandchild(ren) if the court determines it is in the best interests of the child(ren), and if: &check; one or both parents are dead; &check; the marriage of the parents has been dissolved; &check; a parent of the child has deserted the child; &check; the minor…”

Barnett v. Barnett (1976) fladistctapp · cites it 3× “In this connection, § 742.091, Fla. Stat. (1973), a part of the bastardy statute, should be considered in pari materia with § 731.”

Sacks v. Sacks (1972) fla · cites it 2× “Under the same or similar facts, no court in this state would deny the right of a child to inherit from a man who behaved towards a child as respondent behaved towards this child. In the instant case, the only thing respondent did not do was to legally adopt the child.”

Reiter v. Mason (1990) fladistctapp · cites it 2× “See § 742.091, Fla. Stat. (1989). In the remainder of cases the question of sealing the file is addressed to the sound discretion of the trial court, under the standards set forth in Barron v.”

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