Florida Statute 742.12 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 742.12

Total Results: 55

DEPT. OF HEALTH & REHAB. SERVICES v. Privette

617 So. 2d 305, 1993 WL 101997

Supreme Court of Florida | Filed: Apr 8, 1993 | Docket: 1512577

Cited 61 times | Published

the public policy of Florida when it enacted section 742.12(1), Florida Statutes (1989), which provides

Ia v. Hh

710 So. 2d 162, 1998 Fla. App. LEXIS 4332, 1998 WL 186822

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 1444561

Cited 19 times | Published

judgment on the question of paternity pursuant to section 742.12(1), Florida Statutes (1993). That statute provides

Universal Insurance Co. of North America v. Warfel

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

Supreme Court of Florida | Filed: Jan 26, 2012 | Docket: 60306224

Cited 15 times | Published

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

DEPT. OF REVENUE EX REL. TEP v. Price

958 So. 2d 1045

District Court of Appeal of Florida | Filed: Jun 13, 2007 | Docket: 1734919

Cited 10 times | Published

none of these bases in his answer. Further, section 742.12 only authorizes the trial court to order DNA

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

79 So. 3d 787

District Court of Appeal of Florida | Filed: Dec 23, 2011 | Docket: 60305382

Cited 7 times | Published

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

Amendments to the Florida Family Law Rules

713 So. 2d 1, 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533

Supreme Court of Florida | Filed: Feb 26, 1998 | Docket: 1732751

Cited 7 times | Published

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

Amendments to the Florida Family Law Rules of Procedure & Family Law Forms

810 So. 2d 1, 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932

Supreme Court of Florida | Filed: Sep 21, 2000 | Docket: 64813197

Cited 4 times | Published

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

Schatz v. Wenaas

510 So. 2d 1125, 12 Fla. L. Weekly 1917

District Court of Appeal of Florida | Filed: Aug 5, 1987 | Docket: 1754211

Cited 4 times | Published

should only be weighed along with other evidence. § 742.12, Fla. Stat. (1986). Here, the results of the first

Benardo v. DOR EX REL. REILLY

819 So. 2d 161

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1496301

Cited 3 times | Published

pursuant to section 742.031(1), section 742.12(4), and section 742.12(6), the court is simply awarding

Contino v. Estate of Contino

714 So. 2d 1210, 1998 WL 472503

District Court of Appeal of Florida | Filed: Aug 12, 1998 | Docket: 461652

Cited 3 times | Published

of paternity for purposes of this chapter. Section 742.12(1), Florida Statutes (1997), states, "In any

DEPT. OF HEALTH & REHAB. SERV. v. Moore

603 So. 2d 13, 1992 WL 156902

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 1475933

Cited 3 times | Published

results may be admitted into evidence pursuant to section 742.12, the records reflecting those results must

Valdes v. Lambert

568 So. 2d 117, 1990 WL 155494

District Court of Appeal of Florida | Filed: Oct 18, 1990 | Docket: 533629

Cited 3 times | Published

judgment on the issue of paternity "pursuant to section 742.12, Florida Statutes." That statute, which became

Ferguson v. Williams

566 So. 2d 9, 1990 WL 107819

District Court of Appeal of Florida | Filed: Jul 31, 1990 | Docket: 2512310

Cited 3 times | Published

trial court erred in entering summary judgment. Section 742.12, Florida Statutes (1989), provides that HLA

Vidal v. Rivas

556 So. 2d 1150, 1990 WL 2092

District Court of Appeal of Florida | Filed: Jan 16, 1990 | Docket: 1528339

Cited 3 times | Published

have an additional blood test,[1] pursuant to section 742.12, Florida Statutes (1986) and the admission

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

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

District Court of Appeal of Florida | Filed: Sep 7, 2016 | Docket: 63630621

Cited 2 times | Published

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

Tmh v. Dmt

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

District Court of Appeal of Florida | Filed: Dec 23, 2011 | Docket: 138267

Cited 2 times | Published

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

Warfel v. Universal Insurance Co. of North America

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

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1639037

Cited 2 times | Published

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

STATE, DEPT. OF REVENUE v. Young

995 So. 2d 1080, 2008 WL 4949303

District Court of Appeal of Florida | Filed: Nov 21, 2008 | Docket: 1684597

Cited 2 times | Published

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

Glover v. Miller

947 So. 2d 1254, 2007 WL 247899

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 2516301

Cited 2 times | Published

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

Morris v. Crawford

718 So. 2d 354, 1998 WL 660200

District Court of Appeal of Florida | Filed: Sep 28, 1998 | Docket: 1515078

Cited 2 times | Published

independent laboratory at her expense, pursuant to section 742.12(2), Florida Statutes. As grounds for entry

Lal v. Dal

714 So. 2d 595, 1998 Fla. App. LEXIS 8164, 1998 WL 380525

District Court of Appeal of Florida | Filed: Jul 10, 1998 | Docket: 461509

Cited 2 times | Published

testing to determine paternity pursuant to section 742.12, Florida Statutes (1997). Following a lengthy

I.A. v. H.H.

710 So. 2d 162

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 64780760

Cited 2 times | Published

judgment on the question of paternity pursuant to section 742.12(1), Florida Statutes (1993). That statute provides

Marshek v. Marshek

599 So. 2d 175, 1992 WL 84177

District Court of Appeal of Florida | Filed: Apr 29, 1992 | Docket: 417680

Cited 2 times | Published

of a minor child born during the marriage. Section 742.12(1), Florida Statutes, authorizes HLA testing

Doe v. SUNTRUST BANK

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

District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 1662508

Cited 1 times | Published

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

Wright v. STATE, DEPT. OF REVENUE

833 So. 2d 799, 2002 WL 31202718

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 326960

Cited 1 times | Published

in the permanent support order pursuant to section 742.12, Florida Statutes (1999), because appellant

STATE DEPT. OF REVENUE v. Aguirre

705 So. 2d 990, 1998 WL 39263

District Court of Appeal of Florida | Filed: Feb 4, 1998 | Docket: 1577071

Cited 1 times | Published

parties were ordered to undergo HLA testing. See § 742.12, Fla. Stat. (1989). Blood was drawn and submitted

Department of Revenue v. Smatt

679 So. 2d 1191, 1996 WL 401881

District Court of Appeal of Florida | Filed: Jul 19, 1996 | Docket: 1215528

Cited 1 times | Published

trial court stated: The court interprets Florida Statute 742.12(4) as indicated under case law as directory

Jones v. Crawford

552 So. 2d 926, 1989 WL 77496

District Court of Appeal of Florida | Filed: Jul 13, 1989 | Docket: 1663630

Cited 1 times | Published

appellee was not the father of appellant's child. Section 742.12, Florida Statutes, adopted effective October

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

District Court of Appeal of Florida | Filed: Jul 19, 2024 | Docket: 68958705

Published

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

N. D. v. J. B.

District Court of Appeal of Florida | Filed: Mar 15, 2024 | Docket: 68227037

Published

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

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

District Court of Appeal of Florida | Filed: Dec 15, 2023 | Docket: 68092347

Published

1384-85 (Fla. 5th DCA 1997))). Pursuant to section 742.12(4), in any proceeding to establish paternity

JOSE R. CASTILLO v. SOLIMAR RODRIGUEZ

District Court of Appeal of Florida | Filed: Dec 22, 2021 | Docket: 61637662

Published

DNA test results were admissible pursuant to section 742.12(4), Florida Statutes, Rodriguez avers that

Department of Revenue Ex Rel. Meeker v. Silva

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

District Court of Appeal of Florida | Filed: Mar 24, 2017 | Docket: 4667185

Published

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

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

District Court of Appeal of Florida | Filed: Jun 8, 2016 | Docket: 3071342

Published

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

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

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644899

Published

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

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

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

District Court of Appeal of Florida | Filed: Aug 24, 2011 | Docket: 2507700

Published

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

Department of Revenue ex rel. Donaldson v. Blocker

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

District Court of Appeal of Florida | Filed: Sep 5, 2008 | Docket: 64855593

Published

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

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

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

District Court of Appeal of Florida | Filed: Jun 13, 2007 | Docket: 64851106

Published

none of these bases in his answer. Further, section 742.12 only authorizes the trial court to order DNA

Benardo v. Department of Revenue ex rel. Reilly

819 So. 2d 161, 2002 Fla. App. LEXIS 6200, 2002 WL 920471

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 64815919

Published

pursuant to section 742.031(1), section 742.12(4), and section 742.12(6), the court is simply awarding

Monts v. Washington

764 So. 2d 831, 2000 Fla. App. LEXIS 9903, 2000 WL 1062041

District Court of Appeal of Florida | Filed: Aug 4, 2000 | Docket: 64799474

Published

court failed to give him notice pursuant to section 742.12(3) concerning the procedure, the requirements

Reiss v. State, Department of Revenue ex rel. Sava

753 So. 2d 764, 2000 Fla. App. LEXIS 3432, 2000 WL 294910

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 64795977

Published

requisite sexual contact between the parties.... ” § 742.12(2), Fla. Stat. (1999). Despite this omission,

Department of Revenue ex rel. Meire v. Bander

734 So. 2d 1145, 1999 WL 360160

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 64788734

Published

mother and the child) to submit to DNA tests. § 742.12(2), Fla. Stat. The failure to attach the documents

Southwick v. State, Department of Revenue ex rel. Mulloy

750 So. 2d 32, 1998 Fla. App. LEXIS 15043, 1998 WL 832052

District Court of Appeal of Florida | Filed: Dec 2, 1998 | Docket: 64794489

Published

dismiss the paternity action with prejudice. Section 742.12(5), Fla. Stat. (1997), provides: Subject to

L.A.L. v. D.A.L.

714 So. 2d 595

District Court of Appeal of Florida | Filed: Jul 10, 1998 | Docket: 64781861

Published

testing to determine paternity pursuant to section 742.12, Florida Statutes (1997). Following a lengthy

Department of Revenue v. Byrd

710 So. 2d 1036, 1998 Fla. App. LEXIS 5875, 1998 WL 264977

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 64780971

Published

may not be the child’s father, arguing that section 742.12(1), Florida Statutes, mandated such tests in

Wright v. Department of Health & Rehabilitative Services ex rel. Darling

627 So. 2d 1300, 1993 Fla. App. LEXIS 12151, 1993 WL 504433

District Court of Appeal of Florida | Filed: Dec 10, 1993 | Docket: 64744672

Published

the paternity of a child born out of wedlock. Section 742.12(1) requires the child, mother and father to

Middleton v. Middleton

623 So. 2d 851, 1993 Fla. App. LEXIS 9220, 1993 WL 347509

District Court of Appeal of Florida | Filed: Sep 10, 1993 | Docket: 64698558

Published

requesting Human Leukocyte Antigen (HLA) testing. See § 742.12, Fla.Stat. (1989). The trial court shall then

State, Department of Health & Rehabilitative Services ex rel. Sippert v. Tindall

622 So. 2d 115, 1993 Fla. App. LEXIS 7889, 1993 WL 280506

District Court of Appeal of Florida | Filed: Jul 28, 1993 | Docket: 64698011

Published

blood tests to determine paternity, based on section 742.12(1), Florida Statutes (1991), which provides:

Middleton v. Middleton

603 So. 2d 618, 1992 Fla. App. LEXIS 8377, 1992 WL 182372

District Court of Appeal of Florida | Filed: Aug 3, 1992 | Docket: 64669288

Published

required the requested HLA test as directed by section 742.12(1), Florida Statutes. We conclude that in the

Middleton v. Middleton

603 So. 2d 618, 1992 Fla. App. LEXIS 8377, 1992 WL 182372

District Court of Appeal of Florida | Filed: Aug 3, 1992 | Docket: 64669288

Published

required the requested HLA test as directed by section 742.12(1), Florida Statutes. We conclude that in the

Privette v. State, Department of Health & Rehabilitative Services ex rel. Sease

585 So. 2d 364, 1991 Fla. App. LEXIS 7778, 1991 WL 150409

District Court of Appeal of Florida | Filed: Aug 9, 1991 | Docket: 64661334

Published

trial court appears to have relied solely upon section 742.12, Florida Statutes (1989), which HRS argued

Wolfe v. Wolfe

582 So. 2d 133, 1991 Fla. App. LEXIS 6178, 1991 WL 118236

District Court of Appeal of Florida | Filed: Jul 3, 1991 | Docket: 64660011

Published

testing for which the husband agreed to pay. Section 742.12(1), Florida Statutes (1989), provides that

Seiler v. Stringham

567 So. 2d 1078, 1990 Fla. App. LEXIS 7991, 1990 WL 155068

District Court of Appeal of Florida | Filed: Oct 17, 1990 | Docket: 64653617

Published

although HLA test results are admissible under section 742.12, Florida Statutes (1989), they must be properly

E.E.M. v. J.J.

533 So. 2d 817, 1988 Fla. App. LEXIS 4488, 1988 WL 103870

District Court of Appeal of Florida | Filed: Oct 11, 1988 | Docket: 64638528

Published

PER CURIAM. Affirmed. § 742.12, Fla.Stat. (Supp. 1986).

Austin v. Department of Health & Rehabilitative Services

495 So. 2d 777, 11 Fla. L. Weekly 1968, 1986 Fla. App. LEXIS 9664

District Court of Appeal of Florida | Filed: Sep 16, 1986 | Docket: 64622191

Published

cooperation and noncooperation. The act also creates § 742.12, Fla.Stat., which establishes the definitive nature