Florida Statute 742.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 742
DETERMINATION OF PARENTAGE

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F.S. 742.12

742.12 Scientific testing to determine paternity.—

(1) In any proceeding to establish paternity, the court on its own motion may require the child, mother, and alleged fathers to submit to scientific tests that are generally acceptable within the scientific community to show a probability of paternity. The court shall direct that the tests be conducted by a qualified technical laboratory.

(2) In any proceeding to establish paternity, the court may, upon request of a party providing a sworn statement or written declaration as provided by s. 92.525(2) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties or providing a sworn statement or written declaration denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties, require the child, mother, and alleged fathers to submit to scientific tests that are generally acceptable within the scientific community to show a probability of paternity. The court shall direct that the tests be conducted by a qualified technical laboratory.

(3) The test results, together with the opinions and conclusions of the test laboratory, shall be filed with the court. Any objection to the test results must be made in writing and must be filed with the court at least 10 days prior to the hearing. If no objection is filed, the test results shall be admitted into evidence without the need for predicate to be laid or third-party foundation testimony to be presented. Nothing in this paragraph prohibits a party from calling an outside expert witness to refute or support the testing procedure or results, or the mathematical theory on which they are based. Upon the entry of the order for scientific testing, the court must inform each person to be tested of the procedure and requirements for objecting to the test results and of the consequences of the failure to object.

(4) Test results are admissible in evidence and should be weighed along with other evidence of the paternity of the alleged father unless the statistical probability of paternity equals or exceeds 95 percent. A statistical probability of paternity of 95 percent or more creates a rebuttable presumption, as defined by s. 90.304, that the alleged father is the biological father of the child. If a party fails to rebut the presumption of paternity which arose from the statistical probability of paternity of 95 percent or more, the court may enter a summary judgment of paternity. If the test results show the alleged father cannot be the biological father, the case shall be dismissed with prejudice.

(5) Subject to the limitations in subsection (3), if the test results or the expert analysis of the inherited characteristics is disputed, the court, upon reasonable request of a party, shall order that an additional test be made by the same laboratory or an independent laboratory at the expense of the party requesting additional testing.

(6) Verified documentation of the chain of custody of the blood or other specimens is competent evidence to establish the chain of custody.

(7) The fees and costs for scientific tests shall be paid by the parties in proportions and at times determined by the court unless the parties reach a stipulated agreement which is adopted by the court.

History.—s. 154, ch. 86-220; s. 10, ch. 89-183; s. 10, ch. 94-318; s. 72, ch. 97-170; s. 54, ch. 2001-158.

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Amendments to 742.12

Arrestable Offenses / Crimes under Fla. Stat. 742.12

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 742.12.

Annotations, Discussions, Cases:

Cases Citing Statute 742.12

Total Results: 20

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

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

Snippet: preembryos is the child of the husband and wife); § 742.12 (use of scientific testing to determine paternity);

N. D. v. J. B.

Court: District Court of Appeal of Florida | Date Filed: 2024-03-15

Snippet: paternity. Because the trial court misapplied section 742.12(4), Florida Statutes (2020), to disestablish N

LOUIS ROMAN OROSCO v. MIGUEL A. RODRIGUEZ AND BRITTANY NICOLE DIEHL

Court: District Court of Appeal of Florida | Date Filed: 2023-12-15

Snippet: 1384-85 (Fla. 5th DCA 1997))). Pursuant to section 742.12(4), in any proceeding to establish paternity, “[i]f

William Marvin Douberley v. Harold Peerenboom

Court: District Court of Appeal of Florida | Date Filed: 2023-12-13

Snippet: determining paternity as provided in s. 409.256 or s. 742.12(1), and except for purposes of acquiring

JOSE R. CASTILLO v. SOLIMAR RODRIGUEZ

Court: District Court of Appeal of Florida | Date Filed: 2021-12-22

Snippet: for partial summary judgment relying on sections 742.12(4), 742.18(11) and 742.10(4), Florida Statutes

Department of Revenue Ex Rel. Meeker v. Silva

Court: District Court of Appeal of Florida | Date Filed: 2017-03-24

Citation: 214 So. 3d 766, 2017 Fla. App. LEXIS 3897

Snippet: response, Silva filed a motion pursuant to section 742.12, Florida Statutes (2014), requesting scientific

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

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

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

Snippet: possibility” that the boyfriend was the baby’s father. § 742.12(2), Fla. Stat. (2010). The boyfriend claimed he

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

Court: District Court of Appeal of Florida | Date Filed: 2016-06-08

Snippet: possibility” that the boyfriend was the baby’s father. § 742.12(2), Fla. Stat. (2014). Although not yet married

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

Court: Supreme Court of Florida | Date Filed: 2015-03-26

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

Snippet: available in this action. 2. I request, under section 742.12, Florida Statutes, that the Court enter an order

Universal Insurance Co. of North America v. Warfel

Court: Supreme Court of Florida | Date Filed: 2012-01-26

Citation: 82 So. 3d 47, 37 Fla. L. Weekly Supp. 50, 2012 WL 224104, 2012 Fla. LEXIS 195

Snippet: sections 90.301-90.30Jp.” (emphasis supplied)); § 742.12(4), Fla. Stat. (2010) (“A statistical probability

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

Court: District Court of Appeal of Florida | Date Filed: 2011-12-23

Citation: 79 So. 3d 787

Snippet: DCA 2010), might impact this statute. . See § 742.12(4), Florida Statutes (2009), concerning the probability

Tmh v. Dmt

Court: District Court of Appeal of Florida | Date Filed: 2011-12-23

Citation: 79 So. 3d 787, 2011 Fla. App. LEXIS 20502, 2011 WL 6437247

Snippet: DCA 2010), might impact this statute. [12] See § 742.12(4), Florida Statutes (2009), concerning the probability

State, Department of Revenue Ex Rel. Reyes v. Kathcart

Court: District Court of Appeal of Florida | Date Filed: 2011-08-24

Citation: 67 So. 3d 442, 2011 Fla. App. LEXIS 13348, 2011 WL 3687463

Snippet: paternity in controversy as provided by statute. See § 742.12(2), Fla. Stat. (2010); see also Florida Dep't of

Warfel v. Universal Insurance Co. of North America

Court: District Court of Appeal of Florida | Date Filed: 2010-05-12

Citation: 36 So. 3d 136, 2010 Fla. App. LEXIS 6572, 2010 WL 1874367

Snippet: statutory presumption of paternity under section 742.12(1), Florida Statutes (1989), is a rebuttable presumption

Doe v. SUNTRUST BANK

Court: District Court of Appeal of Florida | Date Filed: 2010-01-29

Citation: 32 So. 3d 133, 2010 Fla. App. LEXIS 568, 2010 WL 323031

Snippet: section 732.108(2)(b), Florida Statutes (2005). See § 742.12(1), Fla. Stat. (2005) (providing for DNA testing

STATE, DEPT. OF REVENUE v. Young

Court: District Court of Appeal of Florida | Date Filed: 2008-11-21

Citation: 995 So. 2d 1080, 2008 WL 4949303

Snippet: sought scientific paternity testing under section 742.12, Florida Statutes (2007). On November 30, 2007

Department of Revenue ex rel. Donaldson v. Blocker

Court: District Court of Appeal of Florida | Date Filed: 2008-09-05

Citation: 988 So. 2d 1292, 2008 Fla. App. LEXIS 13591, 2008 WL 4092822

Snippet: scientific paternity testing pursuant to section 742.12, Florida Statutes (2006), stating, “[Ojther than

Department of Revenue ex rel. T.E.P. v. Price

Court: District Court of Appeal of Florida | Date Filed: 2007-06-13

Citation: 958 So. 2d 1045, 2007 Fla. App. LEXIS 9142, 2007 WL 1688133

Snippet: of these bases in his answer. Further, section 742.12 only authorizes the trial court to order DNA testing

DEPT. OF REVENUE EX REL. TEP v. Price

Court: District Court of Appeal of Florida | Date Filed: 2007-06-13

Citation: 958 So. 2d 1045

Snippet: of these bases in his answer. Further, section 742.12 only authorizes the trial court to order DNA testing

Glover v. Miller

Court: District Court of Appeal of Florida | Date Filed: 2007-01-31

Citation: 947 So. 2d 1254, 2007 WL 247899

Snippet: only a rebuttable presumption of fatherhood. § 742.12(4), Fla. Stat. (2006). [2] We agree that the paternity