Florida Statutes

Fla. Stat. § 742.091 (2025)

Marriage of parents.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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, 360 So. 2d 399 (Fla. 1978).

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Knauer v. Barnett, 360 So. 2d 399 (Fla. 1978). · 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 Cnty., 766 So. 2d 1199 (Fla. 4th DCA 2000). · 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., 710 So. 2d 162 (Fla. 5th DCA 1998). · 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., 974 So. 2d 436 (Fla. 2d DCA 2007). · 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., 204 So. 3d 523 (Fla. 4th DCA 2016). · cites it 4× “” § 742.091, Fla..Stat. (2014) (emphasis added).”

Dennis v. Dept. of Health & Rehab. Serv., 566 So. 2d 1374 (Fla. 5th DCA 1990). · 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., 945 So. 2d 637 (Fla. 2d DCA 2006). · 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 Est. of Caldwell, 247 So. 2d 1 (Fla. 1971). · cites it 2× “Fla. Stat. § 742.091 , F.S.A. A judgment of adoption makes the child a legal heir.”

In Re Fam. Law Rules of Procedure, 663 So. 2d 1049 (Fla. 1995). “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, 336 So. 2d 1213 (Fla. 1st DCA 1976). · 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, 267 So. 2d 73 (Fla. 1972). · 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, 563 So. 2d 749 (Fla. 3d DCA 1990). · 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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