Florida Statute 742.11 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 742
DETERMINATION OF PARENTAGE

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F.S. 742.11

742.11 Presumed status of child conceived by means of artificial or in vitro insemination or donated eggs or preembryos.—

(1) Except in the case of gestational surrogacy, any child born within wedlock who has been conceived by the means of artificial or in vitro insemination is irrebuttably presumed to be the child of the husband and wife, provided that both husband and wife have consented in writing to the artificial or in vitro insemination.

(2) Except in the case of gestational surrogacy, any child born within wedlock who has been conceived by means of donated eggs or preembryos shall be irrebuttably presumed to be the child of the recipient gestating woman and her husband, provided that both parties have consented in writing to the use of donated eggs or preembryos.

History.—s. 1, ch. 73-104; s. 5, ch. 90-139; s. 1, ch. 93-237.

F.S. 742.11 on Google Scholar

F.S. 742.11 on Casetext

Amendments to 742.11

Arrestable Offenses / Crimes under Fla. Stat. 742.11

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 742.11.

Annotations, Discussions, Cases:

Cases Citing Statute 742.11

Total Results: 20

Angel Givoanni Rivera and Ashley Nicole Isabel Brito v. Jennifer Salas

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-19T00:00:00-07:00

Snippet: 300 So. 2d 668, 669 (Fla. 1974) ("Section 742.011 provides for exclusive relief to the mother in …2d 399, 403 (Fla. 1978) (referring to sections 742.011, 742.021, 742.031, and 742.091 as "the determination… donation of sperm, eggs, and preembryos. See § 742.11 (establishing irrebuttable presumption that child

JAMES ENRIQUEZ vs ASHLEY VELAZQUEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-03T00:00:00-07:00

Snippet: section 742.14 mutually exclusive with sections 742.011–.108, Florida Statutes, relating to the determination…procedure that was not employed in this case. Section 742.11 addresses the scenario in which a child conceived

CONNOR PERKINS v. TRENEKA SIMMONDS

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-04T00:00:00-07:00

Citation: 227 So. 3d 646

Snippet: the case. Alternatively, he asserts that section 742.011 of the Florida Statutes (2015) violates the constitutional…governs the determination of parentage. Section 742.011 provides the following basis for the court’s jurisdiction…not been established by law or otherwise. § 742.011, Fla. Stat. (2015) (emphasis added). The law

Rose v. Sonson

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-07T00:00:00-07:00

Citation: 208 So. 3d 136, 2016 Fla. App. LEXIS 13408

Snippet: section 742.011 was amended in 1986. In 1986, and at the same time that section 742.011 was amended… was born, and until October 1986 when section 742.011 of the Florida Statutes was amended, only the mother… suit to establish paternity. See § 742.011, Fla. Stat. (1982) (“Amy woman who shall be pregnant…§ 150, at 1723, Laws of Fla. (amending section 742.011 to permit, in addition to mothers, both putative

Department of Revenue Ex Rel. Cowie v. Orlowski

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-06T00:00:00-08:00

Citation: 184 So. 3d 1200, 2016 Fla. App. LEXIS 246, 2016 WL 90784

Snippet: 1000 (Fla. 3d DCA 1997). See also § 742.011, Fla. Stat. (stating that a mother or child may

Department of Revenue v. Joseph A. Orlowski

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-11T23:53:00-08:00

Snippet: . 2d 1000, 1000 (Fla. 3d DCA 1997). See also § 742.011, Fla. Stat. (stating that a mother or child may

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-30T00:00:00-08:00

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

Snippet: not based on a material mistake of fact. Section 742.011 provides that a man who believes that he may be…period in section 742.10(4). Therefore, section 742.011 did not provide B.R. with a statutory basis to

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-29T23:53:00-08:00

Snippet: material mistake of fact. Section 742.011 provides that a man who believes that he may be…period in section 742.10(4). Therefore, section 742.011 did not provide B.R. with a statutory basis to

C.G. v. J.R.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-31T00:00:00-08:00

Citation: 130 So. 3d 776, 2014 WL 340675, 2014 Fla. App. LEXIS 1155

Snippet: children bom out of wedlock ” and that section 742.011 provided that paternity proceedings could be initiated…“by law or otherwise.” Id. at 1385 (quoting §§ 742.011, 742.10). The court explained that “[p]a-ternity

Department of Revenue ex rel. R.S.M. v. B.J.M.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-04T00:00:00-08:00

Citation: 127 So. 3d 859, 2013 WL 6246168, 2013 Fla. App. LEXIS 19289

Snippet: child support, and other relief. See §§ 61.13, 742.011, Fla. Stat. (2010). The petition sought current

Pena v. Diaz

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-08T00:00:00-08:00

Citation: 125 So. 3d 356, 2013 WL 5950835, 2013 Fla. App. LEXIS 17857

Snippet: filed his second paternity action under section 742.011, *358which is on appeal here. In his petition, …from bringing a paternity action under section 742.011 when a child is born during the mother’s marriage

D.M.T. v. T.M.H.

Court: Fla. | Date Filed: 2013-11-07T00:00:00-08:00

Citation: 129 So. 3d 320, 38 Fla. L. Weekly Supp. 812, 2013 WL 5942278, 2013 Fla. LEXIS 2422

Snippet: the adoption of the child would be required”); § 742.11, Fla. Stat. (2008) (defining the parental status

J.T.J. v. N.H.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-04T00:00:00-07:00

Citation: 84 So. 3d 1176, 2012 WL 1108514, 2012 Fla. App. LEXIS 5186

Snippet: ), governs determination of parentage. Section 742.011 provides the basis for the circuit court’s jurisdiction

Raymond James Financial Services, Inc. v. Phillips

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-16T00:00:00-08:00

Citation: 110 So. 3d 908, 2011 Fla. App. LEXIS 18182, 2011 WL 5555691

Snippet: wedlock — contemplated an action brought in court. § 742.011, Fla. Stat. (1973). Thus, it appears that the legislature

Schaffer v. Ling

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-28T00:00:00-07:00

Citation: 76 So. 3d 940, 2011 Fla. App. LEXIS 15379, 2011 WL 4467341

Snippet: in Florida provided jurisdiction under sections 742.011, 48.193(l)(h), and 88.2011(6), Florida Statutes

Slowinski v. Sweeney

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-18T00:00:00-07:00

Citation: 64 So. 3d 128, 2011 Fla. App. LEXIS 7153, 2011 WL 1879198

Snippet: born to intact marriages. For example, section 742.011, Florida Statutes (2010), states paternity suits…722 (Fla. 5th DCA 2002) (stating "section 742.011 does not extend to permit the alleged biological

Greenfield v. Daniels

Court: Fla. | Date Filed: 2010-11-24T00:00:00-08:00

Citation: 51 So. 3d 421, 35 Fla. L. Weekly Supp. 685, 2010 Fla. LEXIS 2012, 2010 WL 4740297

Snippet: we held unconstitutional that part of section 742.011, Florida Statutes (1975), that allowed only unmarried… married to the child's mother. 8 Section 742.011, Florida Statutes, was amended in 1986 to allow

MOHORN v. Thomas

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-31T00:00:00-07:00

Citation: 30 So. 3d 710, 2010 Fla. App. LEXIS 4216, 2010 WL 1222700

Snippet: of wedlock. See § 742.10(1), Fla. Stat. Section 742.011 provides that "[a]ny woman who is pregnant

Doe v. Doe

Court: Fla. Dist. Ct. App. | Date Filed: 2009-09-04T00:00:00-07:00

Citation: 20 So. 3d 892, 2009 Fla. App. LEXIS 12893, 2009 WL 2841190

Snippet: presumed to be Chester III's child. See § 742.11(1), Fla. Stat. (2008). 2D08-3402 District

Campagna v. Cope

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-03T23:53:00-08:00

Citation: 971 So. 2d 243

Snippet: eighteen would presumably be the adult child. See § 742.011, Fla. Stat. (2005). Thus, prior to 1997, there