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

C. T., N/K/A C. S. v. T. G.

Court: District Court of Appeal of Florida | Date Filed: 2024-11-15

Snippet: circuit court proceedings. For example, section 742.011 states: Any woman who is pregnant

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

Court: District Court of Appeal of Florida | Date Filed: 2024-07-19

Snippet: 300 So. 2d 668, 669 (Fla. 1974) ("Section 742.011 provides for exclusive relief to the mother in

JAMES ENRIQUEZ vs ASHLEY VELAZQUEZ

Court: District Court of Appeal of Florida | Date Filed: 2022-11-03

Snippet: section 742.14 mutually exclusive with sections 742.011–.108, Florida Statutes, relating to the determination

CONNOR PERKINS v. TRENEKA SIMMONDS

Court: District Court of Appeal of Florida | Date Filed: 2017-10-04

Citation: 227 So. 3d 646

Snippet: the case. Alternatively, he asserts that section 742.011 of the Florida Statutes (2015) violates the constitutional

Rose v. Sonson

Court: District Court of Appeal of Florida | Date Filed: 2016-09-07

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

Snippet: was born, and until October 1986 when section 742.011 of the Florida Statutes was amended, only the mother

Department of Revenue Ex Rel. Cowie v. Orlowski

Court: District Court of Appeal of Florida | Date Filed: 2016-01-06

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: District Court of Appeal of Florida | Date Filed: 2015-11-12

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: District Court of Appeal of Florida | Date Filed: 2015-01-30

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

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

Court: District Court of Appeal of Florida | Date Filed: 2015-01-30

Snippet: material mistake of fact. Section 742.011 provides that a man who believes that he may be

C.G. v. J.R.

Court: District Court of Appeal of Florida | Date Filed: 2014-01-31

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

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

Court: District Court of Appeal of Florida | Date Filed: 2013-12-04

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: District Court of Appeal of Florida | Date Filed: 2013-11-08

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,

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

Court: Supreme Court of Florida | Date Filed: 2013-11-07

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: District Court of Appeal of Florida | Date Filed: 2012-04-04

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

Snippet: (2010), governs determination of parentage. Section 742.011 provides the basis for the circuit court’s jurisdiction

Raymond James Financial Services, Inc. v. Phillips

Court: District Court of Appeal of Florida | Date Filed: 2011-11-16

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’s

Schaffer v. Ling

Court: District Court of Appeal of Florida | Date Filed: 2011-09-28

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: District Court of Appeal of Florida | Date Filed: 2011-05-18

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

Greenfield v. Daniels

Court: Supreme Court of Florida | Date Filed: 2010-11-24

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

MOHORN v. Thomas

Court: District Court of Appeal of Florida | Date Filed: 2010-03-31

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 or has

Doe v. Doe

Court: District Court of Appeal of Florida | Date Filed: 2009-09-04

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

Snippet: irrebuttably presumed to be Chester III's child. See § 742.11(1), Fla. Stat. (2008).