Florida/Georgia Personal Injury & Workers Compensation

...We do not believe it was the legislative intent to leave this question dangling for future litigation many years later (usually at the death of the father) when the problem of proof, though it could be difficult enough at the time of acknowledgment and marriage, would be far more difficult in later years. In this connection, § 742.091, Fla. Stat. (1973), a part of the bastardy statute, should be considered in pari materia with § 731.29(1), supra. § 742.091 states as follows: "If the mother of any bastard child and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held legitimate, and upon the payment of all costs and attorney fees...

...by William was unnecessary in the declaratory judgment proceedings in issue. This conclusion follows from a reading of Section 731.29(1), Florida Statutes (1973), the Florida Probate Law, in pari materia with Sections 742.011, 742.021, 742.031, and 742.091, Florida Statutes (1973), the determination of paternity statutes....

...Sanchez, 101 So.2d 64 (Fla. 3d DCA 1958). Where an individual affirmatively seeks to assume the responsibilities of fatherhood, however, provisions for determination of paternity, like Section 731.29(1), do not require proof of paternity by that person. Section 742.091, Florida Statutes (1973), provides that marriage by the "reputed father" to the mother of the illegitimate child shall render the child legitimate for all purposes....

...Again, factual proof of paternity is not required of the person who willingly seeks to assume the responsibilities of parenthood. As was recognized by the district court in the case sub judice: Obviously, the legislature meant the "reputed father" and the mother in relation to both statutes [Section 731.29(1) and Section 742.091] and did not intend by use of the word "parents" in one [Section 731.29(1)] to open the question of parentage to later attack by collateral kin....

...§ 732.102); the right to enter into a gestational surrogacy agreement (Fla.Stat. § 742.15(1)); distribution rights in *1206 homestead property (Fla. Stat. § 732.401; Fla. Const. Art. 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....

...17-b, § 4-1.2 (McKinney 1967). Florida allows inheritance from the mother, and also, when the child is recognized, from the father. Fla. Stat. § 731.29 (1), F.S.A. Marriage of the mother to the reputed father after birth legitimatizes the child in all respects. Fla. Stat. § 742.091, F.S.A....

...Under any other interpretation, a husband could never be more than a presumptive father absent an adjudication of paternity. G.F.C., 686 So.2d at 1385. Chapter 742 also recognizes another circumstance in which a child's paternity is "otherwise" established. Section 742.091 provides that "[i]f 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...

...Barnett, 360 So.2d 399 (Fla.1978). In Knauer, the supreme court construed similar language in section 731.29(1), Florida Statutes (1973), a provision of the Florida Probate Code addressing the inheritance rights of illegitimate children. Reading that statute in pari materia with section 742.091, the court wrote that "[w]e are persuaded that these provisions reflect the intent of the legislature to stabilize the status of a child born out of wedlock when an individual willingly assumes the responsibilities attendant to father...

...court noted, chapter 742 did not abrogate the common law so as to permit a third party claiming to be the biological father of a child born to an intact marriage to assert his *165 paternity of the child. See G.F.C., 686 So.2d at 1385. To the contrary, by enacting section 742.091 the legislature expanded the common law rule to include a child born prior to its mother's marriage to the reputed father....

...was the father, by virtue of its own official records. Cf. Dept. of Health and Rehabilitative Services v. C.M.N., 661 So.2d 22 (Fla. 2d DCA 1994) (man who married woman eight months after she gave birth out of wedlock was not child's reputed father for purposes of section 742.091, where the child's birth certificate was silent as to the father, the mother had never held her husband out as the child's father, and both the husband and the child knew that the husband was not the father)....

...alleged, and the undisputed proof at the hearing confirmed, that N.H. was the child's reputed father. That being so, when I.A. and N.H. married two months after K.H.'s birth, by law K.H. was "in all respects" deemed to be N.H.'s child, "as though born within wedlock." § 742.091, Fla....

...question of great public importance: WHEN THE MOTHER OF A CHILD BORN OUT OF WEDLOCK HAS THEREAFTER MARRIED THE CHILD'S REPUTED FATHER, THEREBY CAUSING THE CHILD TO BE DEEMED THE CHILD OF THE HUSBAND AND WIFE AS THOUGH BORN WITHIN WEDLOCK PURSUANT TO SECTION 742.091, FLORIDA STATUTES (1991), MAY A THIRD PARTY CLAIMING TO BE THE CHILD'S BIOLOGICAL FATHER BRING SUIT TO ESTABLISH HIS PARENTAL RIGHTS AND RESPONSIBILITIES TO THE CHILD? Reversed and remanded with directions; question certified....

...arents are dead; ✓ the marriage of the parents has been dissolved; ✓ a parent of the child has deserted the child; ✓ the minor child was born out of wedlock and not later determined to be a child born within wedlock, as provided in section 742.091, Florida Statutes; or ✓ the minor child lives with both natural parents who have used their parental authority to prohibit a relationship between the child and grandparents....

...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. Fortunately, however, the Legislature has filled this gap. Fla. Stat. § 742.091, F.S.A., Marriage of Parents, provides in pertinent part as follows: "If the mother of any bastard child and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held legitimate." T...

...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 states, including section 742.091, Florida Statutes....

...We hold that in Florida an illegitimate child is one both conceived and born at a time its mother is not lawfully married *1377 and that, conversely, a child conceived before but born while its mother is lawfully married to its reputed father is a legitimate child by virtue of section 742.091 and a child conceived while its mother is lawfully married but born within a period of gestation after the termination of the mother's state of lawful marriage is a legitimate child....

...ld are deceased; (b) The marriage of the parents of the child has been dissolved; (c) A parent of the child has deserted the child; (d) The minor child was born out of wedlock and not later determined to be a child born within wedlock as provided in § 742.091; or (e) The minor child is living with both natural parents who are still married to each other whether or not there is a broken relationship between either or both parents of the minor child and the grandparents, and either or both parent...

...e deceased; (b) The marriage of the parents of the child has been dissolved; (c) A parent of the child has deserted the child; [or] (d) The minor child was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091.......

...[4] The final issue presented to the trial court was a request that the file, which had been sealed during the proceedings, be unsealed. That request was denied. Chapter 742 provides for mandatory sealing of the file in certain circumstances not involved here. See § 742.091, Fla....

..., the Husband became R.D.W.’s legal father for all purposes. As a child with both a mother and father named on his birth certificate, R.D.W. was a legitimate child. And this became even more true when the Husband and Wife subsequently married. See § 742.091 (providing that if the mother of a child born out of wedlock and the reputed father marry after the child is born, the child “shall in all respects be deemed and held to be the child of the husband and wife, as though born within wedlock”)....

...(the Husband) on September 25, 2006, and soon thereafter voluntarily dismissed her suit. [1] The Father, who wished to acknowledge his pa ternity and be involved in his daughter's life, quickly filed his own petition to establish *437 paternity on October 9, 2006. The Mother moved to dismiss his petition, relying on section 742.091, Florida Statutes (2006), [2] and I.A....

...The transcript of the hearing on the Mother's motion to dismiss shows that the circuit court was well aware of the law of dismissal and what factual matters it could consider. 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., which held that the putative father has no cause of action if the undisputed evidence establishes that the mother and the reputed father intermarried after the birth of the child....

...t issue married another man after she was served with the putative father's paternity action, and her new husband acknowledged that he was the father of the child. We reversed because we concluded that neither existing case law nor the provisions in section 742.091, Florida Statutes (2004), [3] compelled dismissal of the action....

...We provide the surrounding factual circumstances as the parties have presented them to us to give a more complete picture of the case. However, the disposition of this case remains purely on the basis that the circuit court went beyond the four corners of the petition in dismissing the action. [2] Section 742.091, Florida Statutes (2006) (Marriage of parents) provides: 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...

...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. [3] The language of section 742.091 has not changed between 2004 and 2006....

..., an illegitimate child is one both conceived and born at a time its mother is not lawfully married and that, conversely, a child conceived before but born while its mother is lawfully married to its reputed father is a legitimate child by virtue of section 742.091 and a child conceived while its mother is lawfully married but born within a period of gestation after the termination of the mother's state of lawful marriage is a legitimate child....

...married another man after she was served with the paternity action and the second man acknowledged that he was the father of the child. The second man is not a party to this lawsuit. 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....

...2d DCA 1998), this court extended that protection to a child whose parents were both listed on the child's birth certificate at the time the child was born and who married two months after the child's birth. Id. at 164-65. We did so in part based upon the provisions of section 742.091, which reads: 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 bo...

...710 So.2d at 164-65. In addition, although the petitioner in I.A. alleged that he was the biological father of the child, he did not file an action seeking paternity until the child was three years old. M.M. argues that this case is controlled by I.A. and section 742.091 because the actions following the service of the paternity complaint establish a legal father for the child that prohibits any challenge to the child's parentage....

...riage to another man during the pendency of a paternity action. [1] We decline *640 to further extend I.A. to include the facts of this case. We conclude that the provisions of section 742.10(1) are more applicable to these proceedings than those in section 742.091....

...If a DNA test establishes the second man's paternity, this matter will be easy to resolve. If not, it appears that the trial court may be handling a matter of first impression. Reversed and remanded. SALCINES and KELLY, JJ., Concur. NOTES [1] Further, we note that section 742.091's language about dismissing the paternity action seems to assume that the reputed father would be the defendant in the paternity action, not an uninvolved third party....

...common law, statutory, or constitutional right to sue for paternity. See, e.g., Bellomo v. Gagliano, 815 So.2d 721 (Fla. 5th DCA 2002); G.F.C. v. S.G., 686 So.2d 1382 (Fla. 5th DCA 1997). The court further recognized that through the application of section 742.091, Florida Statutes, the holding set forth in Bellomo and G.F.C....

...er. The Second District Court of Appeal found that H.H. did not have a cause of action. In reaching this conclusion, the I.A. court first stated its agreement with our decision in G.F.C. I.A., 710 So.2d at 164 . The court then found that pursuant to section 742.091, the case should be resolved as if the child had been born into an intact marriage. Id. Section 742.091 provides: If the mother of any child born out of wedlock and the reputed father shall at *776 any time after its birth intermarry, the child shall in all x-espects be deemed and held to be the child of the husband and wife, as though born within wedlock, ......

...Although the term “reputed father” is not defined in Chapter 742, “reputed” has been defined to mean “generally believed; widely believed although not necessarily established as fact.” Encarta Dictionary, http://encarta.msn.com/encnet/refpages/ search.aspx?q=reputed. Thus, “reputed father” as used in section 742.091 can be interpreted to mean the individual generally or widely believed or considered to be the biological father of a particular child....

...In such a case, the husband would be the child’s “legal father” to the exclusion of all others. Under any other interpretation, a husband could never be more than a presumptive father absent an adjudication of paternity. Id. at 164 (quoting G.F.C. v. S.G., 686 So.2d 1382, 1385 (Fla. 5th DCA 1997)). Noting that section 742.091 provides that “[i]f 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 thou...

...We do not believe it was the legislative intent to leave this question dangling for future litigation many years later (usually at the death of the father) when the problem of proof, though it could be difficult enough at the time of acknowledgment and marriage, would be far more difficult in later years. In this connection, § 742.091, Fla. Stat. (1973), a part of the bastardy statute, should be considered in pari materia with § 731.29(1), supra. § 742.091 states as follows: "If the mother of any bastard child and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held legitimate, and upon the payment of all costs and attorney fees...

...Clearly, the section 742.10(1) presumption should not apply if the Acknowledgment of Paternity was fraudulent. Such fraud would have occurred if the husband had no good faith basis for believing he was the biological father of the child. A presumption of paternity cannot rest on a false affidavit. Section 742.091 provides that 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.” § 742.091, Fla..Stat. (2014) (emphasis added). The term “reputed father,” as used in section 742.091, “can be interpreted to mean the individual generally or widely believed or considered to be the biological father of a particular child.” AS....

...If the Acknowledgment was fraudulent, there would'be no section 742.10(1) presumption' of paternity. Further, if, at the time of the marriage, both the mother and the husband knew he could not have been the child’s biological father, then he could not be the “reputed” father within the meaning of section 742.091....

...common law, statutory, or constitutional right to sue for paternity. See, e.g., Bellomo v. Gagliano, 815 So.2d 721 (Fla. 5th DCA 2002); G.F.C. v. S.G., 686 So.2d 1382 (Fla. 5th DCA 1997). The court further recognized that through the application of section 742.091, Florida Statutes, the holding set forth in Bellomo and G.F.C....

...her. The Second District Court of Appeal found that H.H. did not have a cause of action. In reaching this conclusion, the I.A. court first stated its agreement with our decision in G.F.C. I.A., 710 So.2d at 164. The court then found that pursuant to section 742.091, the case should be resolved as if the child had been born into an intact marriage. Id. Section 742.091 provides: If the mother of any child born out of wedlock and the reputed father shall at *776 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, ......

...Although the term "reputed father" is not defined in Chapter 742, "reputed" has been defined to mean "generally believed; widely believed although not necessarily established as fact." Encarta Dictionary, http://encarta.msn.com/encnet/refpages/ search.aspx?q=reputed. Thus, "reputed father" as used in section 742.091 can be interpreted to mean the individual generally or widely believed or considered to be the biological father of a particular child....

...Under any other interpretation, a husband could never be more than a presumptive father absent an adjudication of paternity. G.F.C, 686 So.2d at 1385 . Chapter 742 also recognizes another circumstance in which a child’s paternity is “otherwise” established. Section 742.091 provides that “[i]f the mother of any child bom 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 thoug...

...Barnett, 360 So.2d 399 (Fla.1978). In Knauer , the supreme court construed similar language in section 731.29(1), Florida Statutes (1973), a provision of the Florida Probate Code addressing the inheritance rights of illegitimate children. Reading that statute in pari materia with section 742.091, the court wrote that “[w]e are persuaded that these provisions reflect the intent of the legislature to stabilize the status of a child born out of wedlock when an individual willingly assumes the responsibilities attendant to fath...

...court noted, chapter 742 did not abrogate the common law so as to permit a third party claiming to be the biological father of a child bom to an intact marriage to assert his *165 paternity of the child. See G.F.C., 686 So.2d at 1385 . To the contrary, by enacting section 742.091 the legislature expanded the common law rule to include a child born prior to its mother’s marriage to the reputed father....

...was the father, by virtue of its own official records. Cf. Dept. of Health and Rehabilitative Services v. C.M.N., 661 So.2d 22 (Fla. 2d DCA 1994) (man who married woman eight months after she gave birth out of wedlock was not child’s reputed father for purposes of section 742.091, where the child’s birth certificate was silent as to the father, the mother had never held her husband out as the child’s father, and both the husband and the child knew that the husband was not the father)....

...alleged, and the undisputed proof at the hearing confirmed, that N.H. was the child’s reputed father. That being so, when I.A. and N.H. married two months after KH.’s birth, by law K.H. was “in all respects” deemed to be N.H.’s child, “as though born within wedlock.” § 742.091, Fla....

...estion of great public importance: WHEN THE MOTHER OF A CHILD BORN OUT OF WEDLOCK HAS THEREAFTER MARRIED THE CHILD’S REPUTED FATHER, THEREBY CAUSING THE CHILD TO BE DEEMED THE CHILD OF THE HUSBAND AND WIFE AS THOUGH BORN WITHIN WEDLOCK PURSUANT TO SECTION 742.091, FLORIDA STATUTES (1991), MAY A THIRD PARTY CLAIMING TO BE THE CHILD’S BIOLOGICAL FATHER BRING SUIT TO ESTABLISH HIS PARENTAL RIGHTS AND RESPONSIBILITIES TO THE CHILD? Reversed and remanded with directions; question certified....

...s the biological father. John also alleged in a motion to set aside the marital settlement agreement that he signed that agreement under duress. We vacate the summary judgment for the following reasons: First, it does not appear from the record that section 742.091, Florida Statutes (1997), was considered by the parties or the trial court....

...The child(ren) was/were younger than 18 years of age when the petition was filed. 8. Since learning that he is not the biological father of the child(ren), the petitioner has not a. married the mother of the child(ren) while known as the reputed father in accordance with section 742.091, Florida Statutes, and voluntarily assumed the parental obligation and duty to pay child support; b....

father is a legitimate child by virtue of section 742.091 and a child conceived while its mother is lawfully

...When he married A.R.L., however, his failure to file a timely claim of paternity with the Registry became immaterial, because he was no longer subject to section 63.054(1) or 63.088(1). The parents’ marriage conferred on the child the same status as a child born to a couple with an intact marriage. See § 742.091, Fla....

...When he married A.R.L., however, his failure to file a timely claim of paternity with the Registry became immaterial, because he was no longer subject to section 63.054(1) or 63.088(1). The parents' marriage conferred on the child the same status as a child born to a couple with an intact marriage. See § 742.091, Fla....

...The child(ren) was/were younger than 18 years of age when the petition was filed. 8. Since learning that he is not the biological father of the child(ren), the petitioner has not a. married the mother of the child(ren) while known as the reputed father in accordance with section 742.091, Florida Statutes, and voluntarily assumed the parental obligation and duty to pay child support; b....

mother did not vest any rights in the husband. Section 742.091 provides that if the “mother of any child born

...The child(ren) was/were younger than 18 years of age when the petition was filed. 8. Since learning that he is not the biological father of the child(ren), the petitioner has not: a. married the child(ren)’s other parent while known as the reputed father in accordance with section 742.091, Florida Statutes, and voluntarily assumed the parental obligation and duty to pay child support; b....

...exclusion of all others. Under any other interpretation, a husband could never be more than a presumptive father absent an adjudication of paternity. Id. at 164 (quoting G.F.C. v. S.G., 686 So. 2d 1382, 1385 (Fla. 5th DCA 1997)). Noting that section 742.091 provides that "[i]f the mother of any child born out of wedlock and -3- the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and he...

...The appellant is an attorney who successfully prosecuted a paternity action against the appellee in the trial court, but was then denied an award of attorneys fees when his client married the appellee and asked that the action be dropped. In our view the legislature specifically contemplated such a situation when it enacted Section 742.091, Florida Statutes (1983): 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 legitimate, and upon the payment of all c...

...married another man after she was served with the paternity action and the second man acknowledged that he was the father of the child. The second man is not a party to this lawsuit. 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....

...2d DCA 1998), this court extended that protection to a child whose parents were both listed on the child’s birth certificate at the time the child was born and who married two months after the child’s birth. Id. at 164-65 . We did so in part based upon the provisions of section 742.091, which reads: 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 bo...

...710 So.2d at 164-65 . In addition, although the petitioner in I.A. alleged that he was the biological father of the child, he did not file an action seeking paternity until the child was three years old. M.M. argues that this case is controlled by LA. and section 742.091 because the actions following the service of the paternity complaint establish a legal father for the child that prohibits any challenge to the child’s parentage....

...arriage to another man during the pen-dency of a paternity action. 1 We decline *640 to further extend I A to include the facts of this case. We conclude that the provisions of section 742.10(1) are more applicable to these proceedings than those in section 742.091....

...f wedlock. Dennis v. Department of Health and Rehabilitative Services, 566 So.2d 1374 (Fla. 5th DCA 1990). The *23 mother did not marry her former husband until eight months after the child’s birth. Nor does a presumption of legitimacy arise under section 742.091, Florida Statutes (1991), 2 because the evidence does not support a finding that the former husband was the reputed father....

...A petition to establish paternity and order child support and payment for unreimbursed public assistance monies was initiated against the ap-pellee in Massachusetts and transmitted to Florida under the Uniform Reciprocal Enforcement of Support Act. . § 742.091, Fla.Stat....

...importance. Id. The court explained: Where an individual affirmatively seeks to assume the responsibilities of fatherhood, however, provisions for determination of paternity, like section 731.29(1), do not require proof of paternity by that person. Section 742.091, Florida Statutes (1973), provides that marriage by the “reputed father” to the mother of the illegitimate child shall render the child legitimate for all purposes....

...(the Husband) on September 25, 2006, and soon thereafter voluntarily dismissed her suit. 1 The Father, who wished to acknowledge his paternity and be involved in his daughter’s life, quickly filed his own petition to estab *437 lish paternity on October 9, 2006. The Mother moved to dismiss his petition, relying on section, 742.091, Florida Statutes (2006), 2 and L.A....

...These facts state a cause of action to establish paternity- The transcript of the hearing on the Mother’s motion to dismiss shows that the circuit court was well aware of the law of dismissal and what factual matters it could consider. 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, which held that the putative father has no cause of action if the undisputed evidence establishes that the mother and the reputed father intermarried after the birth of the child....

...issue married another man after she was served with the putative father’s paternity action, and her new husband acknowledged that he was the father of the child. We reversed because we concluded that neither existing case law nor the provisions in section 742.091, Florida Statutes (2004), 3 compelled dismissal of the action....

...We provide the surrounding factual circumstances as the parlies have presented them to us to give a more complete picture of the case. However, the disposition of this case remains purely on the basis that the circuit court went beyond the four corners of the petition in dismissing the action. . Section 742.091, Florida Statutes (2006) (Marriage of parents) provides: If the mother of any child bom 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 c...

...es 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. . The language of section 742.091 has not changed between 2004 and 2006....

...w, “[i]f 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_” § 742.091, Fla....

...The Second District reversed the judgment of paternity, concluding that H.H. had been granted relief pursuant to a cause of action that did not exist as a paternity action can be brought only when paternity “has not been established by law or otherwise” and, as a consequence of section 742.091, the child’s paternity had been “otherwise” established....