Florida/Georgia Personal Injury & Workers Compensation

paternity for children born out of wedlock." Section 742.011, Florida Statutes (2005), provides: Any woman

pertinent sections of the statute under attack are § 742.011, Florida Statutes, providing: "Any unmarried woman

trial court ruled on the constitutionality of section 742.011, Florida Statutes, we have jurisdiction pursuant

conception in order to bring a suit under section 742.011 was an unreasonable and invidious discrimination

precluded from bringing a paternity action under section 742.011, Florida Statutes, he could nevertheless seek

pursuant to Chapter 26949, Laws of Florida 1951, Section 742.011 et seq., Florida Statutes 1955, F.S.A. The

...his case, or through application of another statute. See, e.g., § 63.032(12), Fla. Stat. (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....

bastardy action against the natural father under Section 742.011, 742.021, F.S. 1971, F.S.A. By accepting his

statutory proceeding of this State, Florida Statutes, § 742.011, that he is, in fact, the father of the child

5th DCA 2002)("The court expressly held that section 742.011 does not extend to permit the alleged biological

custody in dissolution proceedings, but that Section 742.011 provides for exclusive relief to the mother

was a paternity action brought under Fla. Stat. § 742.011, F.S.A., wherein a woman gave birth to a child

1976), we held unconstitutional that part of section 742.011, Florida Statutes (1975), that allowed only

paternity. G.F.C. contends that pursuant to section 742.011, Florida Statutes (1995), he has the right

4. On October 8, 1999, the child was born. Section 742.011, Florida Statutes (1999) states, Any woman

of wedlock." § 742.10, Fla. Stat. (2002). Section 742.011 permits a paternity action only "when paternity

chancery, to determine the paternity of such child." § 742.011, Fla. Stat. (1981). [4] See also § 742.10, Florida

by noting, as did the Fifth District, that section 742.011 provides that a circuit court may entertain

misplaced. In Ricks the Second District held that section 742.011, Florida Statutes, allows a paternity action

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

motion to dismiss, and the defendant appealed. Section 742.011 Fla. Stat., F.S.A., provides that an unmarried

While that case dealt with a bastardy statute, § 742.011, Florida Statutes (1973), and a married woman's

and BARKDULL, JJ. PER CURIAM. Proceeding under § 742.011 Fla. Stat., F.S.A.,[1] the appellee filed a complaint

...rd party, then Chester III would not be her biological father. But provided that both Chester III and Catherine's mother had consented in writing to the artificial insemination, Catherine would be irrebuttably presumed to be Chester III's child. See § 742.11(1), Fla....

Church as a party to this proceeding. Under section 742.011, Florida Statutes (1997), appellant does not

paternity action could not be filed by D.F. See § 742.011, Fla. Stat. (1997) (action may be brought to determine

paternity. G.F.C. contends that pursuant to section 742.011, Florida Statutes (1995), he has the right

[3] Section 742.10, Florida Statutes. [4] Section 742.011, Florida Statutes. [5] Under the English common

against the appellant, a Florida resident, under Section 742.011, Florida Statutes, F.S.A., to obtain a decree

...Under the current version of the Florida Statutes, a voluntary acknowledgment of paternity creates a rebuttable presumption of paternity. See § 742.10(1), Fla. Stat. (1999). At the time of the execution of the birth certificate in this case, however, no such *127 provision existed. See, e.g., §§ 742.011-742.11, Fla....

for paternity. The court expressly held that section 742.011 does not extend to permit the alleged biological

by noting, as did the Fifth District, that section 742.011 provides that a circuit court may entertain

children born to intact marriages. For example, section 742.011, Florida Statutes (2010), states paternity

given us chapter 742. It is no accident that section 742.011 provides that "any child," among others, "may

this court misinterpreted the language of section 742.011, Florida Statutes (1987). That section provides:

as in equity cases under the present statute (§ 742.011 Fla. Stat., F.S.A.) was a preponderance of the

...[4] Hopping & Raepple, A Solution to the Regulatory Maze: The Transmission Line Siting Act, 8 Fla.St.U.L.Rev. 441 (1980). [5] §§ 403.52-403.536, Fla. Stat. (1981). [6] §§ 403.508(3), 403.537(1), Fla. Stat. (1981). [7] § 403.537(1), Fla. Stat. (1981). [8] Cf. § 742.11, Fla....

correctly refused to dismiss the complaint. Section 742.011, Fla. Stat., F.S.A., reads as follows: "Any

was not based on a material mistake of fact. Section 742.011 provides that a man who believes that he may

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

of a child" to bring a paternity proceeding. § 742.011, Fla. Stat. (Supp. 1986). Additionally, the statute

335 So.2d 261 (Fla. 1976), held Florida Statute § 742.011, bastardy statute unconstitutional because it

Prior to 1986 the Florida paternity statute, section 742.011, allowed only mothers to invoke its provisions

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

to determine the paternity of such child. Section 742.011, Florida Statutes (1969), (emphasis supplied)

Kennelly in a circuit court action filed pursuant to § 742.011, Fla. Stat., F.S.A., sought to establish that

Florida at that time. A cursory examination of Section 742.011, Florida Statutes, as amended in 1991, would

and to Seal Record alleging that pursuant to section 742.011, Gilbertson lacked standing to bring the paternity

entitled "Determination Of Paternity,” states in section 742.011 that “any child may bring proceedings in the

of a child” to bring a paternity proceeding. § 742.011, Fla.Stat. (Supp.1986). Additionally, the statute

standing under Florida's paternity statute, Section 742.011, Florida Statutes (1981), to maintain a proceeding

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

action for child of an intact marriage because section 742.011, Florida Statutes (2000), applied only to children

a complaint against appellee, pursuant to section 742.011, Florida Statutes, to determine paternity and

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

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

...must satisfy to inherit a decedent’s property in- testate. And while not explicitly briefed by the parties, it is unclear to us whether any Florida provision recognizes a posthumously conceived child as a “descendant[] of the decedent.” For example, Florida Statute § 742.11 provides, in relevant part, that “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.” (Emphasis added)....

for “children bom out of wedlock ” and that section 742.011 provided that paternity proceedings could be

paternity for children born out of wedlock.”). Section 742.011 provides that “[a]ny woman who is pregnant

including issues of custody. However, according to Section 742.011, the only people who have standing to bring

exclusive basis of Ms. Ryan’s petition was section 742.011, Florida Statutes (1993), and since paternity

court dismissed the petition, finding that Section 742.011, Florida Statutes (1977), only gives a cause

Pena filed his second paternity action under section 742.011, *358which is on appeal here. In his petition

actually presented. The action was brought under § 742.011, Florida Statutes 1955, F.S.A., solely for periodic

procedure that was not employed in this case. Section 742.11 addresses the scenario in which a child conceived

and the statute leads us to conclude that Section 742.011, Fla.Stat, F.S.A., does not permit a woman

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

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

judgment for respondent, on a finding that: 1. Section 742.011 Florida Statutes (1979) prohibits a putative

...nd related issues such as jurisdiction, adoption, and subsequent marriage of the parents and contains several sections dealing with evolving technical and social issues such as artificial insemination and donation of sperm, eggs, and preembryos. 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); § 742.12 (use of scientific testing to...

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

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

this child to the satisfaction of the court. . § 742.011, Fla.Stat. (1989). . § 742.021, Fla.Stat. (1989)

Kennelly in a circuit court action filed pursuant to § 742.011, Fla.Stat.,1 F.S.A., sought to establish that

proceedings against appellee, pursuant to F.S. § 742.011, F.S.A., which provides: “Any unmarried woman

manner that binds the interest of the child. Section 742.011, Florida Statutes provides: Determination of

since paternity has already been established. See § 742.011, Fla. Stat. (2022) (providing that a man who believes

essential to the right of action asserted. Under § 742.011 it is required that the plaintiff be an unmarried