Florida Statute 742.16 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 742
DETERMINATION OF PARENTAGE

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742.16 Expedited affirmation of parental status for gestational surrogacy.—

(1) Within 3 days after the birth of a child delivered of a gestational surrogate, the commissioning couple shall petition a court of competent jurisdiction for an expedited affirmation of parental status.

(2) After the petition is filed, the court shall fix a time and place for hearing the petition, which may be immediately after the filing of the petition. Notice of hearing shall be given as prescribed by the rules of civil procedure, and service of process shall be made as specified by law for civil actions.

(3) Upon a showing by the commissioning couple or the child or the gestational surrogate that privacy rights may be endangered, the court may order the names of the commissioning couple or the child or the gestational surrogate, or any combination thereof, to be deleted from the notice of hearing and from the copy of the petition attached thereto, provided the substantive rights of any person will not thereby be affected.

(4) Notice of the hearing shall be given by the commissioning couple to:

(a) The gestational surrogate.

(b) The treating physician of the assisted reproductive technology program.

(5) All hearings held in proceedings under this section shall be held in closed court without admittance of any person other than essential officers of the court, the parties, witnesses, and any persons who have received notice of the hearing.

(6) The commissioning couple or their legal representative shall appear at the hearing on the petition. At the conclusion of the hearing, after the court has determined that a binding and enforceable gestational surrogacy contract has been executed pursuant to s. 742.15 and that at least one member of the commissioning couple is the genetic parent of the child, the court shall enter an order stating that the commissioning couple are the legal parents of the child.

(7) When at least one member of the commissioning couple is the genetic parent of the child, the commissioning couple shall be presumed to be the natural parents of the child.

(8) Within 30 days after entry of the order, the clerk of the court shall prepare a certified statement of the order for the state registrar of vital statistics on a form provided by the registrar. The court shall thereupon enter an order requiring the Department of Health to issue a new birth certificate naming the commissioning couple as parents and requiring the department to seal the original birth certificate.

(9) All papers and records pertaining to the affirmation of parental status, including the original birth certificate, are confidential and exempt from the provisions of s. 119.07(1) and subject to inspection only upon order of the court. The court files, records, and papers shall be indexed only in the name of the petitioner, and the name of the child shall not be noted on any docket, index, or other record outside the court file.

History.—s. 2, ch. 93-237; s. 416, ch. 96-406; s. 115, ch. 97-237.

F.S. 742.16 on Google Scholar

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Amendments to 742.16

Annotations, Discussions, Cases:

Cases Citing Statute 742.16

Total Results: 14 | Sort by: Relevance | Newest First

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In Re Amendments to Florida Rule of Jud. Admin. 2.420, 31 So. 3d 756 (Fla. 2010).

Cited 5 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 180, 2010 Fla. LEXIS 405, 2010 WL 958075

...(xii) The victim's address in a domestic violence action on petitioner's request. § 741.30(3)(b), Fla. Stat. (xiii) Information identifying victims of sexual offenses, including child sexual abuse. §§ 119.071(2)(h), 119.0714(1)(h), Fla. Stat. (xiv) Gestational surrogacy records. § 742.16(9), Fla....

..._____ Victim's address in domestic violence action on petitioner's request. § 741.30(3)(b), Fla. Stat. _____ Information identifying victims of sexual offenses, including child sexual abuse. §§ 119.071(2)(h), 119.0714(1)(h), Fla. Stat. _____ Gestational surrogacy records. § 742.16(9), Fla....

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Nat. Parents of JB v. FLORIDA DCFS., 780 So. 2d 6 (Fla. 2001).

Cited 4 times | Published | Supreme Court of Florida | 2001 WL 169664

...TPR proceedings are not the only proceedings the Florida Legislature has required by statute to be closed as a matter of public policy. Adoptions (section 63.162, Florida Statutes (1999)), actions establishing parental status in situations of gestational surrogacy (section 742.16, Florida Statutes (1999)), and hearings for appointment of a guardian ad litem (section 29.827, Florida Statutes (1999)), are also required to be closed proceedings....

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In Re Amendments to the Florida Rules of Civil Procedure-Mgmt. of Cases Involving Complex Litig., 30 So. 3d 477 (Fla. 2009).

Cited 2 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 576, 2009 Fla. LEXIS 1795, 2009 WL 3296237

...(K) Other Family Court all matters involving time-sharing and/or parenting plans relating to minor child(ren), support unconnected with dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195, expedited affirmation of parental status pursuant to Florida Statutes section 742.16, termination of parental rights proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to premarital, marital, post-marital agreements, or other matters not included in the categories above....

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In Re Amendments to Florida Rule of Jud. Admin. 2.420, 68 So. 3d 228 (Fla. 2011).

Cited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 414, 2011 Fla. LEXIS 1573, 2011 WL 2637473

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In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of Gen. Practice & Jud. Admin., Florida Rules of Crim. Procedure, Florida Prob. Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juv. Procedure, Florida Rules of Appellate Procedure, & Florida Fam. Law Rules of Procedure (Fla. 2021).

Published | Supreme Court of Florida

...to minor child(ren), support unconnected with dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195, expedited affirmation of parental status pursuant to Florida Statutes section 742.16, termination of parental rights proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to premarital, marital, post-marital agreements, or other matters not included in the...

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In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of Gen. Practice & Jud. Admin., Florida Rules of Crim. Procedure, Florida Prob. Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juv. Procedure, Florida Rules of Appellate Procedure, & Florida Fam. Law Rules of Procedure (Fla. 2021).

Published | Supreme Court of Florida

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In re Amendments to the Florida Fam. Law Rules of Procedure, 126 So. 3d 228 (Fla. 2013).

Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 837, 2013 WL 6014354, 2013 Fla. LEXIS 2475

...(L) Other Family Court — all matters involving time-sharing and/or parenting plans relating to minor child(ren), support unconnected with dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195, expedited affirmation of parental status pursuant to Florida Statutes section 742.16, termination of parental rights proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to premarital, marital, post-marital agreements, or other matters not included in the categories above....

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In Re: Amendments to the Florida Fam. Law Rules of Procedure - 2020 Regular-Cycle Report (Fla. 2020).

Published | Supreme Court of Florida

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In re Amendments to Florida Rule of Jud. Admin. 2.420, 124 So. 3d 819 (Fla. 2013).

Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 199, 2013 WL 1234993, 2013 Fla. LEXIS 543

...(xii) The victim’s address in a domestic violence action on petitioner’s request. § 741.30(3)(b), Fla. Stat. (xiii) Protected iinformation identif-yingregarding victims of child abuse or sexual offenses-including child sexual-abuse. §§ 119.071(2)(h), 119.0714(l)(h), Fla. Stat. (xiv) Gestational surrogacy records. § 742.16(9), Fla....

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In Re: Amendments To Florida Fam. Law Rules Of Procedure – Forms 12.900(h) & 12.928 (Fla. 2024).

Published | Supreme Court of Florida

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In Re: Amendments to Florida Fam. Law Rules of Procedure - Forms 12.900(h) & 12.928 (Fla. 2024).

Published | Supreme Court of Florida

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Angel Givoanni Rivera & Ashley Nicole Isabel Brito v. Jennifer Salas (Fla. 2d DCA 2024).

Published | Florida 2nd District Court of Appeal

...child of the husband and wife); § 742.12 (use of scientific testing to determine paternity); § 742.13 (definitions); § 742.14 (relinquishment of maternal or paternal rights by the donor of sperm, eggs, or preembryos); § 742.15 (contract required for surrogacy); § 742.16 (petitions for affirmation of parental status); and 742.17 (disposition of eggs, sperm, and preembryos). The instant case is primarily concerned with section 742.14,1 which provides, in pertinent part: "The donor of any egg, sperm, or...

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In Re Amendments to Florida Rule of Jud. Admin. 2.420, 156 So. 3d 499 (Fla. 2015).

Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 29, 43 Media L. Rep. (BNA) 1199, 2015 Fla. LEXIS 113, 2015 WL 263902

...§ 741.30(3)(b), Fla. Stat. (xiii) Protected information regarding victims of child abuse or sexual offenses. §§ 119.071(2)(h), 119.0714(1)(h), Fla. Stat. (xiv) Gestational surrogacy records. § 742.16(9), Fla. Stat. (xv) Guardianship reports, orders appointing court monitors, and orders relating to findings of no probable cause in guardianship cases....

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In Re: Amendments to Florida Fam. Law Rules of Procedure - Forms 12.900(h) & 12.928 (Fla. 2024).

Published | Supreme Court of Florida

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