The 2023 Florida Statutes (including Special Session C)

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.

F.S. 742.12 on Google Scholar

F.S. 742.12 on Casetext

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 from cite.case.law:

DEPARTMENT OF REVENUE, O B O MEEKER, v. SILVA,, 214 So. 3d 766 (Fla. Dist. Ct. App. 2017)

. . . In response, Silva filed a motion pursuant to section 742.12, Florida Statutes (2014), requesting scientific . . . Second, Silva filed his motion for scientific paternity testing pursuant to section 742.12, which, by . . . applicable to the present proceeding as this statute pertains to “any proceeding to establish paternity.” § 742.12 . . .

A. D. A. M. J. L. v. D. M. F., 204 So.3d 523 (Fla. Dist. Ct. App. 2016)

. . . . § 742.12(2), Fla. Stat. (2010). . . . reasonable possibility of the requisite sexual contact” with the mother to justify a paternity test. § 742.12 . . .

UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA, v. WARFEL,, 82 So. 3d 47 (Fla. 2012)

. . . (emphasis supplied)); § 742.12(4), Fla. . . . Williams, 566 So.2d 9, 11 (Fla. 3d DCA 1990) (citing § 742.12, Fla. Stat. (1989)); Jones v. . . . Crawford, 552 So.2d 926, 927-28 (Fla. 1st DCA 1989) (citing § 742.12(1), Fla. Stat. (1987)). . . .

T. M. H. v. D. M. T., 79 So. 3d 787 (Fla. Dist. Ct. App. 2011)

. . . See § 742.12(4), Florida Statutes (2009), concerning the probability for determining fatherhood of a . . .

STATE DEPARTMENT OF REVENUE, REYES, v. KATHCART,, 67 So. 3d 442 (Fla. Dist. Ct. App. 2011)

. . . See § 742.12(2), Fla. Stat. (2010); see also Florida Dep’t of Revenue ex rel. McKnight v. . . .

WARFEL, v. UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA,, 36 So. 3d 136 (Fla. Dist. Ct. App. 2010)

. . . So.2d 9, 11 (Fla. 3d DCA 1990) (explaining that the statutory presumption of paternity under section 742.12 . . .

W. DOE, III v. SUNTRUST BANK, W. Jr. W. Jr. a a, 32 So. 3d 133 (Fla. Dist. Ct. App. 2010)

. . . See § 742.12(1), Fla. . . . applicable exception in this case is the use of the DNA to determine paternity as provided in section 742.12 . . . Section 742.12 is entitled “Scientific testing to determine paternity,” and subsection (1) provides as . . . However, because section 742.12(1) does not authorize a court to require a putative sibling to submit . . . While the circuit court was authorized by section 742.12(1) to order DNA testing of the child, the mother . . . In support of her motion, Madelin cited section 742.12, Florida Statutes (2005), which provides for scientific . . . stating that the court was without authority to compel them to submit to DNA testing because section 742.12 . . . See § 742.12(2) (requiring a sworn statement or declaration under penalty of perjury alleging paternity . . . Section 742.12 provides in pertinent part: 742.12. . . . For example, section 760.40 omits section 742.12(2), which provides for court-ordered scientific testing . . .

STATE DEPARTMENT OF REVENUE, LAWSON, v. P. YOUNG, III,, 995 So. 2d 1080 (Fla. Dist. Ct. App. 2008)

. . . accompanying Motion for Scientific Paternity Testing sought scientific paternity testing under section 742.12 . . .

DEPARTMENT OF REVENUE, o b o DONALDSON, v. BLOCKER,, 988 So. 2d 1292 (Fla. Dist. Ct. App. 2008)

. . . In that motion, Blocker sought an order requiring scientific paternity testing pursuant to section 742.12 . . . Section 742.12 states that “[i]n any proceeding to establish paternity, the court on its own motion may . . . paternity, and the trial court lacked jurisdiction to order scientific ■ testing pursuant to section 742.12 . . .

DEPARTMENT OF REVENUE, o b o T. E. P. v. PRICE,, 958 So. 2d 1045 (Fla. Dist. Ct. App. 2007)

. . . Further, section 742.12 only authorizes the trial court to order DNA testing “[i]n any proceeding to . . .

R. GLOVER, v. MILLER,, 947 So. 2d 1254 (Fla. Dist. Ct. App. 2007)

. . . . § 742.12(4), Fla. Stat. (2006). . . . .

M. WRIGHT, v. STATE DEPARTMENT OF REVENUE, M. TURNER,, 833 So. 2d 799 (Fla. Dist. Ct. App. 2002)

. . . We affirm the judgment of paternity established in the permanent support order pursuant to section 742.12 . . .

BENARDO, v. DEPARTMENT OF REVENUE, J. REILLY,, 819 So. 2d 161 (Fla. Dist. Ct. App. 2002)

. . . blood test provides clear and convincing evidence of paternity pursuant to section 742.031(1), section 742.12 . . . (4), and section 742.12(6), the court is simply awarding the mandatory temporary child support.” . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE AND FAMILY LAW FORMS, 810 So. 2d 1 (Fla. 2000)

. . . I request, under section 742.12, Florida Statutes, that the Court enter an order for appropriate scientific . . .

MONTS, v. WASHINGTON,, 764 So. 2d 831 (Fla. Dist. Ct. App. 2000)

. . . He argues on appeal that the trial court failed to give him notice pursuant to section 742.12(3) concerning . . . At the hearing the attorney for Monts objected, on the sole ground that section 742.12 required that . . . the parties could present case law on the issue of whether the Department had complied with section 742.12 . . . Based on this record, Monts failed to establish he had not been properly advised under section 742.12 . . .

REISS, Jr. v. STATE DEPARTMENT OF REVENUE, SAVA,, 753 So. 2d 764 (Fla. Dist. Ct. App. 2000)

. . . facts establishing a reasonable possibility of the requisite sexual contact between the parties.... ” § 742.12 . . . While the Department contends that under section 742.12(1) the court on its own motion can require an . . . to allow the testing to be ordered based on the Department’s motion without compliance with section 742.12 . . .

DEPARTMENT OF REVENUE E. MEIRE, v. A. BANDER,, 734 So. 2d 1145 (Fla. Dist. Ct. App. 1999)

. . . . § 742.12(2), Fla. Stat. . . .

SOUTHWICK, v. STATE DEPARTMENT OF REVENUE, MULLOY n k a, 750 So. 2d 32 (Fla. Dist. Ct. App. 1998)

. . . Section 742.12(5), Fla. . . .

A. MORRIS, v. CRAWFORD,, 718 So. 2d 354 (Fla. Dist. Ct. App. 1998)

. . . In addition, pursuant to section 742.12(2), Morris timely filed her notice of objections to the initial . . . Section 742.12, Florida Statutes (1995), relied upon by the court in dismissing the cause, states in . . . As discussed below, before the trial court could rely upon the language from section 742.12(3) which . . . See §§ 742.12(2) and (5), Fla. Stat. (1995). . . . Subsections (2) and (5) of 742.12 make it clear that upon timely objection to paternity test results, . . .

CONTINO, A. v. In ESTATE OF A. CONTINO,, 714 So. 2d 1210 (Fla. Dist. Ct. App. 1998)

. . . Greg Contino filed a Petition for Authorization of DNA Blood Typing, pursuant to sections 742.10 and 742.12 . . . erred by denying his petition for authorization for DNA blood typing, pursuant to sections 742.10 and 742.12 . . . Section 742.12(1), Florida Statutes (1997), states, “In any proceeding to establish paternity, the court . . .

L. A. L. v. D. A. L., 714 So. 2d 595 (Fla. Dist. Ct. App. 1998)

. . . parties and the children first submit to scientific testing to determine paternity pursuant to section 742.12 . . .

DEPARTMENT OF REVENUE v. BYRD,, 710 So. 2d 1036 (Fla. Dist. Ct. App. 1998)

. . . that he had a reasonable basis to believe that he may not be the child’s father, arguing that section 742.12 . . .

I. A. v. H. H., 710 So. 2d 162 (Fla. Dist. Ct. App. 1998)

. . . H.L.A. test result, H.H. moved for summary judgment on the question of paternity pursuant to section 742.12 . . .

STATE DEPARTMENT OF REVENUE, CHILD SUPPORT ENFORCEMENT, VASQUEZ, v. J. AGUIRRE,, 705 So. 2d 990 (Fla. Dist. Ct. App. 1998)

. . . See § 742.12, Fla. Stat. (1989). Blood was drawn and submitted to Roche Biomedical Laboratories. . . . Section 742.12(4) regulates scientific testing to determine paternity. . . . . § 742.12(4), Fla. Stat. (1995). . . . The court shall direct that the tests be conducted by a qualified technical laboratory.” § 742.12(1), . . . Id. § 742.12(3). . . .

DEPARTMENT OF REVENUE GLOVER, v. SMATT,, 679 So. 2d 1191 (Fla. Dist. Ct. App. 1996)

. . . In dismissing, the trial court stated: The court interprets Florida Statute 742.12(4) as indicated under . . . See § 742.12(4), Fla. Stat. (1994 Supp.). Cf. Vidal v. . . . alleged father could not be the biological father, the ease “would be dismissed with prejudice.” § 742.12 . . .

WRIGHT, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, DARLING,, 627 So. 2d 1300 (Fla. Dist. Ct. App. 1993)

. . . Section 742.12(1) requires the child, mother and father to submit to Human Leukocyte Antigen (HLA) tests . . . , she could possibly have prevailed upon HRS to dispute the original HLA test results under section 742.12 . . .

E. MIDDLETON, v. MIDDLETON,, 623 So. 2d 851 (Fla. Dist. Ct. App. 1993)

. . . See § 742.12, Fla.Stat. (1989). . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, SIPPERT, v. TINDALL,, 622 So. 2d 115 (Fla. Dist. Ct. App. 1993)

. . . court erred in denying their motion to require blood tests to determine paternity, based on section 742.12 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. PRIVETTE,, 617 So. 2d 305 (Fla. 1993)

. . . of discovery, the legislature has established the public policy of Florida when it enacted section 742.12 . . . Because section 742.12(1) reflects the public policy of requiring HLA testing in paternity actions, the . . .

E. MIDDLETON, v. MIDDLETON,, 603 So. 2d 618 (Fla. Dist. Ct. App. 1992)

. . . Furthermore, it does not appear that the court required the requested HLA test as directed by section 742.12 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. C. MOORE,, 603 So. 2d 13 (Fla. Dist. Ct. App. 1992)

. . . the court stated: Although [paternity] test results may be admitted into evidence pursuant to section 742.12 . . .

G. MARSHEK, v. S. MARSHEK,, 599 So. 2d 175 (Fla. Dist. Ct. App. 1992)

. . . Section 742.12(1), Florida Statutes (1989), provides, in pertinent part: In any proceeding to establish . . . The reason for applying a permissive construction to section 742.12(2), the Third District explained . . . These legislative analyses explain that section 742.12(1) had formerly provided for HLA testing at the . . . Because respondent filed her motion for HLA testing after the legislature had amended section 742.12( . . . Because the Fourth District did not consider the mandatory language of section 742.12(1), these cases . . . Section 742.12(1), Florida Statutes, authorizes HLA testing in certain circumstances. . . . But, to whatever extent section 742.12(1) might otherwise apply, such evidence would not be relevant . . .

PRIVETTE, v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, SEASE,, 585 So. 2d 364 (Fla. Dist. Ct. App. 1991)

. . . Instead, the trial court appears to have relied solely upon section 742.12, Florida Statutes (1989), . . .

WOLFE, v. WOLFE,, 582 So. 2d 133 (Fla. Dist. Ct. App. 1991)

. . . Section 742.12(1), Florida Statutes (1989), provides that “[i]n any proceeding to establish paternity . . . husband’s request was made within two weeks following the child’s birth. (3) She contends that section 742.12 . . . raise and resolve those doubts during the dissolution proceeding.”). (4) She contends that section 742.12 . . .

VALDES, v. LAMBERT,, 568 So. 2d 117 (Fla. Dist. Ct. App. 1990)

. . . period, Lambert filed a motion for summary judgment on the issue of paternity “pursuant to section 742.12 . . . In opposition to the motion, Valdes filed no affidavits, but his counsel argued that section 742.12 was . . .

SEILER, v. STRINGHAM, 567 So. 2d 1078 (Fla. Dist. Ct. App. 1990)

. . . (Fla. 5th DCA 1984), both of which hold that although HLA test results are admissible under section 742.12 . . .

FERGUSON, v. A. WILLIAMS,, 566 So. 2d 9 (Fla. Dist. Ct. App. 1990)

. . . Section 742.12, Florida Statutes (1989), provides that HLA test results, “together with the opinions . . . Section 742.12 creates a statutory presumption. . . . Although the test results may be admitted into evidence pursuant to section 742.12, the records reflecting . . . The presumption created by section 742.12 affects the burden of proof. . . . As we stated earlier, section 742.12 merely creates a statutory presumption; it does not repeal the Florida . . .

VIDAL, v. RIVAS,, 556 So. 2d 1150 (Fla. Dist. Ct. App. 1990)

. . . I cannot agree, however, with the majority’s interpretation of section 742.12(2), Florida Statutes (1987 . . . Given the probability levels associated with the test, see id. § 742.12(1), the HLA test results will . . . Id. § 742.12(2). . . . Id. § 742.12(1). . . . Until such time as scientific testing is shown to be infallible, litigants proceeding under section 742.12 . . . Appellant urges error in: (I) The denial of his right to have an additional blood test, pursuant to section 742.12 . . . This appeal requires a construction of Section 742.12, Florida Statutes, and particularly, a determination . . . Section 742.12, Florida Statutes ("Scientific testing to determine paternity”) reads in part as follows . . .

JONES v. CRAWFORD,, 552 So. 2d 926 (Fla. Dist. Ct. App. 1989)

. . . Section 742.12, Florida Statutes, adopted effective October 1, 1986, admittedly applicable in the proceedings . . . The trial court recognized the presumption created by Section 742.12(1) but found that appellant’s credibility . . . Section 742.12(1), Florida Statutes (1987), provides that where HLA test results of less than a 95-percent . . . results were erroneous, did not avail himself of the procedures for retesting permitted under Section 742.12 . . . relations with the mother did not overcome the presumption established by the HLA test results and Section 742.12 . . .

E. E. M. v. J. J., 533 So. 2d 817 (Fla. Dist. Ct. App. 1988)

. . . . § 742.12, Fla.Stat. (Supp. 1986). . . .

STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, o b o HALL v. O MEARA, 24 Fla. Supp. 2d 66 (Fla. Cir. Ct. 1987)

. . . paternity and moved to compel Daniel O’Meara to submit to a Human Leukocyte Antigen (HLA) test under § 742.12 . . .

SCHATZ, v. WENAAS,, 510 So. 2d 1125 (Fla. Dist. Ct. App. 1987)

. . . . § 742.12, Fla.Stat. (1986). . . .

AUSTIN v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 495 So. 2d 777 (Fla. Dist. Ct. App. 1986)

. . . The act also creates § 742.12, Fla.Stat., which establishes the definitive nature of scientific tests . . . the alleged father cannot be the biological father, the case shall be dismissed with prejudice." § 742.12 . . .