Florida Statute 742.13 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 742
DETERMINATION OF PARENTAGE

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F.S. 742.13

742.13 Definitions.—As used in ss. 742.11-742.17, the term:

(1) “Assisted reproductive technology” means those procreative procedures which involve the laboratory handling of human eggs or preembryos, including, but not limited to, in vitro fertilization embryo transfer, gamete intrafallopian transfer, pronuclear stage transfer, tubal embryo transfer, and zygote intrafallopian transfer.

(2) “Commissioning couple” means the intended mother and father of a child who will be conceived by means of assisted reproductive technology using the eggs or sperm of at least one of the intended parents.

(3) “Egg” means the unfertilized female reproductive cell.

(4) “Fertilization” means the initial union of an egg and sperm.

(5) “Gestational surrogate” means a woman who contracts to become pregnant by means of assisted reproductive technology without the use of an egg from her body.

(6) “Gestational surrogacy” means a state that results from a process in which a commissioning couple’s eggs or sperm, or both, are mixed in vitro and the resulting preembryo is implanted within another woman’s body.

(7) “Gestational surrogacy contract” means a written agreement between the gestational surrogate and the commissioning couple.

(8) “Gamete intrafallopian transfer” means the direct transfer of eggs and sperm into the fallopian tube prior to fertilization.

(9) “Implantation” means the event that occurs when a fertilized egg adheres to the uterine wall for nourishment.

(10) “In vitro” refers to a laboratory procedure performed in an artificial environment outside a woman’s body.

(11) “In vitro fertilization embryo transfer” means the transfer of an in vitro fertilized preembryo into a woman’s uterus.

(12) “Preembryo” means the product of fertilization of an egg by a sperm until the appearance of the embryonic axis.

(13) “Pronuclear stage transfer” or “zygote intrafallopian transfer” means the transfer of an in vitro fertilized preembryo into the fallopian tube before cell division takes place.

(14) “Sperm” means the male reproductive cell.

(15) “Tubal embryo transfer” means the transfer of a dividing, in vitro fertilized preembryo into the fallopian tube.

History.—s. 2, ch. 93-237.

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Amendments to 742.13

Annotations, Discussions, Cases:

Cases Citing Statute 742.13

Total Results: 8

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

129 So. 3d 320, 38 Fla. L. Weekly Supp. 812, 2013 WL 5942278, 2013 Fla. LEXIS 2422

Supreme Court of Florida | Filed: Nov 7, 2013 | Docket: 60237374

Cited 13 times | Published

definition of the term “commissioning couple” in section 742.13(2), also violates state and federal equal protection

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

"the intended mother and father” of the child. § 742.13(2), Fla. Stat. (2008). . Cf. Lamaritata, 823

Lamaritata v. Lucas

823 So. 2d 316, 2002 WL 1877015

District Court of Appeal of Florida | Filed: Aug 16, 2002 | Docket: 458649

Cited 7 times | Published

sperm of at least one of the intended parents." § 742.13(2). There are no facts to show that Mr. Lucas

A.A.B. v. B.O.C.

112 So. 3d 761, 2013 WL 1978723, 2013 Fla. App. LEXIS 7803

District Court of Appeal of Florida | Filed: May 15, 2013 | Docket: 60231266

Cited 2 times | Published

B.O.C. were not a “commissioning couple.” See § 742.13(2). A.A.B. testified that she was in a committed

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

"the intended mother and father" of the child. § 742.13(2), Fla. Stat. (2008). [20] Cf. Lamaritata, 823

Janssen v. Alicea

30 So. 3d 680, 2010 Fla. App. LEXIS 3799, 2010 WL 1050049

District Court of Appeal of Florida | Filed: Mar 24, 2010 | Docket: 1639470

Cited 1 times | Published

to the donation or the resulting children." Section 742.13, Florida Statutes (2008), defines "a commissioning

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

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

Published

of scientific testing to determine paternity); § 742.13 (definitions); § 742.14 (relinquishment of maternal

JAMES ENRIQUEZ vs ASHLEY VELAZQUEZ

District Court of Appeal of Florida | Filed: Nov 3, 2022 | Docket: 60695043

Published

that a “commissioning couple” was defined in section 742.13(2), Florida Statutes (2020), as the “intended