Florida Statute 742.91 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 742
DETERMINATION OF PARENTAGE

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F.S. 742.091

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.

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Amendments to 742.091

Annotations, Discussions, Cases:

Cases Citing Statute 742.091

Total Results: 34

Knauer v. Barnett

360 So. 2d 399

Supreme Court of Florida | Filed: Jun 8, 1978 | Docket: 1474656

Cited 26 times | Published

difficult in later years. In this connection, § 742.091, Fla. Stat. (1973), a part of the bastardy statute

Lowe v. Broward County

766 So. 2d 1199, 2000 Fla. App. LEXIS 11893, 2000 WL 1345513

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1329491

Cited 25 times | Published

wedlock upon the marriage of the parents (Fla.Stat. § 742.091); and, certain state and federal tax benefits

Ia v. Hh

710 So. 2d 162, 1998 Fla. App. LEXIS 4332, 1998 WL 186822

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 1444561

Cited 19 times | Published

child's paternity is "otherwise" established. Section 742.091 provides that "[i]f the mother of any child

In Re Estate of Caldwell

247 So. 2d 1

Supreme Court of Florida | Filed: Mar 31, 1971 | Docket: 1461844

Cited 19 times | Published

legitimatizes the child in all respects. Fla. Stat. § 742.091, F.S.A. A judgment of adoption makes the child

In Re Family Law Rules of Procedure

663 So. 2d 1049, 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537

Supreme Court of Florida | Filed: Nov 22, 1995 | Docket: 1313670

Cited 15 times | Published

child born within wedlock, as provided in section 742.091, Florida Statutes; or ✓ the

Sacks v. Sacks

267 So. 2d 73

Supreme Court of Florida | Filed: Sep 20, 1972 | Docket: 1481588

Cited 13 times | Published

the Legislature has filled this gap. Fla. Stat. § 742.091, F.S.A., Marriage of Parents, provides in pertinent

Van Weelde v. Van Weelde

110 So. 3d 918, 2013 WL 466213, 2013 Fla. App. LEXIS 1875

District Court of Appeal of Florida | Filed: Feb 8, 2013 | Docket: 60230520

Cited 6 times | Published

the Husband and Wife subsequently married. See § 742.091 (providing that if the mother of a child born

Jwt v. St

974 So. 2d 436, 2007 WL 4322283

District Court of Appeal of Florida | Filed: Dec 12, 2007 | Docket: 1717612

Cited 6 times | Published

moved to dismiss his petition, relying on section 742.091, Florida Statutes (2006),[2] and I.A. v. H

Von Eiff v. Azicri

699 So. 2d 772, 1997 WL 574644

District Court of Appeal of Florida | Filed: Sep 17, 1997 | Docket: 1502941

Cited 6 times | Published

be a child born within wedlock as provided in § 742.091; or (e) The minor child is living with both natural

Dennis v. DEPT. OF HEALTH & REHAB. SERV.

566 So. 2d 1374, 1990 WL 134770

District Court of Appeal of Florida | Filed: Sep 20, 1990 | Docket: 547642

Cited 6 times | Published

by statutes in American states, including section 742.091, Florida Statutes. Blackstone (1 Blackstone

Reiter v. Mason

563 So. 2d 749, 1990 WL 78550

District Court of Appeal of Florida | Filed: Jun 12, 1990 | Docket: 1281756

Cited 6 times | Published

certain circumstances not involved here. See § 742.091, Fla. Stat. (1989). In the remainder of cases

Tb v. Mm

945 So. 2d 637, 2006 Fla. App. LEXIS 21773, 2006 WL 3821476

District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 1725048

Cited 4 times | Published

neither existing case law nor the provisions in section 742.091, Florida Statutes (2004), compels dismissal

Pitcairn v. Vowell

580 So. 2d 219, 1991 WL 70869

District Court of Appeal of Florida | Filed: May 1, 1991 | Docket: 1716905

Cited 4 times | Published

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

J.A.I. v. B.R.

160 So. 3d 473, 2015 Fla. App. LEXIS 1228, 2015 WL 404001

District Court of Appeal of Florida | Filed: Jan 30, 2015 | Docket: 60246862

Cited 3 times | Published

1382, 1385 (Fla. 5th DCA 1997)). Noting that section 742.091 provides that “[i]f the mother of any child

A.S. v. S.F.

4 So. 3d 774, 2009 Fla. App. LEXIS 2252

District Court of Appeal of Florida | Filed: Mar 13, 2009 | Docket: 60295126

Cited 3 times | Published

recognized that through the application of section 742.091, Florida Statutes, the holding set forth in

Barnett v. Barnett

336 So. 2d 1213

District Court of Appeal of Florida | Filed: Aug 13, 1976 | Docket: 1378945

Cited 3 times | Published

difficult in later years. In this connection, § 742.091, Fla. Stat. (1973), a part of the bastardy statute

A.D.A. v. D.M.F.

204 So. 3d 523, 2016 Fla. App. LEXIS 13457

District Court of Appeal of Florida | Filed: Sep 7, 2016 | Docket: 63630621

Cited 2 times | Published

paternity cannot rest on a false affidavit. Section 742.091 provides that if the “mother of any child born

As v. SF

4 So. 3d 774, 2009 WL 632042

District Court of Appeal of Florida | Filed: Mar 13, 2009 | Docket: 1666352

Cited 2 times | Published

recognized that through the application of section 742.091, Florida Statutes, the holding set forth in

I.A. v. H.H.

710 So. 2d 162

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 64780760

Cited 2 times | Published

child’s paternity is “otherwise” established. Section 742.091 provides that “[i]f the mother of any child

Harris v. Harris

753 So. 2d 774, 25 Fla. L. Weekly Fed. D 765

District Court of Appeal of Florida | Filed: Mar 24, 2000 | Docket: 1433791

Cited 1 times | Published

First, it does not appear from the record that section 742.091, Florida Statutes (1997), was considered by

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms-12.951(a) and (B).

246 So. 3d 1121

Supreme Court of Florida | Filed: Jun 21, 2018 | Docket: 7239886

Published

known as the reputed father in accordance with section 742.091, Florida Statutes, and voluntarily assumed

A.D.A., the mother and M.J.L., the father v. D.M.F., the husband

District Court of Appeal of Florida | Filed: Jun 8, 2016 | Docket: 3071342

Published

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

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

173 So. 3d 19, 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644899

Published

reputed father in accordance with section 742.091, Florida Statutes, and voluntarily assumed

J.A.I. v. B.R.

District Court of Appeal of Florida | Filed: Jan 30, 2015 | Docket: 2629741

Published

1382, 1385 (Fla. 5th DCA 1997)). Noting that section 742.091 provides that "[i]f the mother of any

In Re Amendments to the Florida Family Law Rules

55 So. 3d 381, 35 Fla. L. Weekly Supp. 524, 2010 Fla. LEXIS 1632, 2010 WL 3781979

Supreme Court of Florida | Filed: Sep 30, 2010 | Docket: 1931936

Published

the reputed father in accordance with section 742.091, Florida Statutes, and voluntarily assumed

D. v. C.L.G.

37 So. 3d 897, 2010 Fla. App. LEXIS 6233

District Court of Appeal of Florida | Filed: May 6, 2010 | Docket: 60294531

Published

born to a couple with an intact marriage. See § 742.091, Fla. Stat. (2007) (“If the mother of any child

Dp v. Clg

37 So. 3d 897, 2010 WL 1791911

District Court of Appeal of Florida | Filed: May 6, 2010 | Docket: 1668392

Published

born to a couple with an intact marriage. See § 742.091, Fla. Stat. (2007) ("If the mother of any child

J.W.T. v. S.T.

974 So. 2d 436, 2007 Fla. App. LEXIS 19699

District Court of Appeal of Florida | Filed: Dec 12, 2007 | Docket: 64853888

Published

moved to dismiss his petition, relying on section, 742.091, Florida Statutes (2006),2 and L.A. v. H.H

Williams-Raymond v. Jones

954 So. 2d 721, 2007 Fla. App. LEXIS 6116, 2007 WL 1201883

District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 64850309

Published

husband and wife, as though born within wedlock_” § 742.091, Fla. Stat. (2005). In I.A. v. H.H., 710 So.2d

T.B. v. M.M.

945 So. 2d 637

District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 64848442

Published

neither existing case law nor the provisions in section 742.091, Florida Statutes (2004), compels dismissal

Thurston v. Thurston

777 So. 2d 1001, 2000 Fla. App. LEXIS 16357, 2000 WL 1838640

District Court of Appeal of Florida | Filed: Dec 15, 2000 | Docket: 64803586

Published

require proof of paternity by that person. Section 742.091, Florida Statutes (1973), provides that marriage

State, Department of Health & Rehabilitative Services ex rel. D.A.R. v. C.M.N.

661 So. 2d 22, 1994 Fla. App. LEXIS 12218, 1994 WL 700666

District Court of Appeal of Florida | Filed: Dec 16, 1994 | Docket: 64759132

Published

does a presumption of legitimacy arise under section 742.091, Florida Statutes (1991),2 because the evidence

Lopez v. Lopez

627 So. 2d 108, 1993 Fla. App. LEXIS 12046, 1993 WL 490850

District Court of Appeal of Florida | Filed: Nov 30, 1993 | Docket: 64744275

Published

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

Miller v. Popkin

502 So. 2d 28, 12 Fla. L. Weekly 261, 1987 Fla. App. LEXIS 6279

District Court of Appeal of Florida | Filed: Jan 14, 1987 | Docket: 64624861

Published

contemplated such a situation when it enacted Section 742.091, Florida Statutes (1983): If the mother of