742.11
Presumed status of child conceived by means of artificial or in vitro insemination or donated eggs or preembryos.
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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.
Notes of Decisions
Cited in 8
cases (3 in the last 5 years), 1983–2025 · leading case: D.M.T. v. T.M.H.
D.M.T. v. T.M.H. (2013)
“(2008) (defining the term “parent” to mean “a woman who gives birth to a child or a man whose consent to the adoption of the child would be required”); § 742.11, Fla. Stat. (2008) (defining the parental status of birth mothers and non-genetic, legal fathers).”
In Re Marriage of Adams (1990)
“” Fla. Stat. Ann. §742.11 (West 1986). Without deciding the question here, we note that the provision in the Illinois statute that the husband’s consent to the AID procedure “must be in writing” could be considered a mandatory requirement for establishing a parent-child…”
Fla. Ch. of Sierra Club v. Orlando Util. Com'n (1983)
“§ 742.11, Fla. Stat. (1981). [9] § 90.301(2), Fla.”
Ashley Nicole Isabel Brito v. Jennifer Salas & Angel Giovanni Rivera v. Jennifer Salas (2025)
“” § 742.11, Fla. Stat. (1973). The Legislature amended this language in 1990.”
Levin v. Levin (1993)
“§ 45a-774 (1993); Fla.Stat.Ann. § 742.11 (West 1993); Ill.Rev.”
Doe v. Doe (2009)
“…in writing to the artificial insemination, Catherine would be irrebuttably presumed to be Chester Ill's child. See § 742.11(1), Fla. Slat. (2008).”
JAMES ENRIQUEZ vs ASHLEY VELAZQUEZ (2022)
“Section 742.11 addresses the scenario in which a child conceived by means of artificial insemination is born within wedlock.”
Angel Givoanni Rivera and Ashley Nicole Isabel Brito v. Jennifer Salas (2024)
“See § 742.11 (establishing irrebuttable presumption that child born within wedlock conceived by artificial or in vitro insemination or by means of donated eggs or preembryos is the child of the husband and wife); § 742.”
— 742.11(1) — 2 cases
Doe v. Doe (2009)
“…in writing to the artificial insemination, Catherine would be irrebuttably presumed to be Chester Ill's child. See § 742.11(1), Fla. Slat. (2008).”
Ashley Nicole Isabel Brito v. Jennifer Salas & Angel Giovanni Rivera v. Jennifer Salas (2025)
“” § 742.11, Fla. Stat. (1973). The Legislature amended this language in 1990.”
— 742.11(2) — 1 case
Ashley Nicole Isabel Brito v. Jennifer Salas & Angel Giovanni Rivera v. Jennifer Salas (2025)
“” § 742.11, Fla. Stat. (1973). The Legislature amended this language in 1990.”
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