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Florida Statute 742.16 | Lawyer Caselaw & Research
F.S. 742.16 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 742.16

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XLIII
DOMESTIC RELATIONS
Chapter 742
DETERMINATION OF PARENTAGE
View Entire Chapter
F.S. 742.16
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.
(c) Any party claiming paternity.
(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

F.S. 742.16 on Casetext

Amendments to 742.16


Arrestable Offenses / Crimes under Fla. Stat. 742.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 742.16.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. In re Amendments to the Fla. Rules of Civil Procedure

    344 So. 3d 940 (Fla. 2021)

    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

  2. In re Amendments to Fla. Family Law Rules of Procedure

    No. SC20-162 (Fla. Nov. 12, 2020)
    (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.
    PAGE 112

  3. In re Amendments to Fla. Rule of Judicial Admin. 2.420

    156 So. 3d 499 (Fla. 2015)
    (xiv) Gestational surrogacy records. § 742.16(9), Fla. Stat.
    PAGE 501

  4. In re Amendments to the Fla. Family Law Rules of Procedure

    126 So. 3d 228 (Fla. 2013)
    (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.
    PAGE 237

  5. In re Amendments to Fla. Rule of Judicial Admin. 2.420

    124 So. 3d 819 (Fla. 2013)
    (xiv) Gestational surrogacy records. § 742.16(9), Fla. Stat.
    PAGE 827

  6. In re Amendments to Florida Rule

    68 So. 3d 228 (Fla. 2011)   Cited 5 times
    — Gestational surrogacy records. § 742.16(9), Fla. Stat.
    PAGE 232

  7. In re Amend. to Rule of Jud. Admin

    31 So. 3d 756 (Fla. 2010)   Cited 10 times
    ___ Gestational surrogacy records. § 742.16(9), Fla. Stat.
    PAGE 779

  8. In re Amendments to the Fla. Rules

    30 So. 3d 477 (Fla. 2009)   Cited 2 times
    (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.
    PAGE 489

  9. Natural Parents of J.B. v. Dept. of Ch. Fam

    780 So. 2d 6 (Fla. 2001)   Cited 8 times
    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. There are other situations where the court is given discretion to close the proceedings, such as in the case of paternity actions (section 742.031, Florida Statutes (1999)). As stated above, this Court upheld the constitutionality of mandatory closure for adoption proceedings in In re Adoption of H.Y.T.
    PAGE 10

    Cases from cite.case.law:

    RDA CONSTRUCTION CORP. v. UNITED STATES,, 132 Fed. Cl. 732 (Fed. Cl. 2017)

    . . . photograph of the wharf taken on May 19, 2008, prior to the June 4 and June 11, 2009 site visits); DX 742.16 . . .

    In FLORIDA RULE OF JUDICIAL ADMINISTRATION, 156 So. 3d 499 (Fla. 2015)

    . . . . § 742.16(9), Fla. Stat. . . .

    In AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE, 126 So. 3d 228 (Fla. 2013)

    . . . Statutes section 382.0195, expedited affirmation of parental status pursuant to Florida Statutes section 742.16 . . .

    In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 124 So. 3d 819 (Fla. 2013)

    . . . . § 742.16(9), Fla. Stat. . . .

    In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

    . . . . § 742.16(9), Fla. . . .

    In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION AND THE FLORIDA RULES OF APPELLATE PROCEDURE, 31 So. 3d 756 (Fla. 2010)

    . . . . § 742.16(9), Fla. Stat. . . . Stat. _ Gestational surrogacy records. § 742.16(9), Fla. . . .

    In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE- MANAGEMENT OF CASES INVOLVING COMPLEX LITIGATION, 30 So. 3d 477 (Fla. 2009)

    . . . Statutes section 382.0195, expedited affirmation of parental status pursuant to Florida Statutes section 742.16 . . .

    In ENRON CORPORATION SECURITIES ERISA v. On v. L., 529 F. Supp. 2d 644 (S.D. Tex. 2006)

    . . . of confirmatory information,” (Greenberg, 364 F.3d at 668 n. 16, and Amended Complaint at ¶¶ 742.5, 742.16 . . .

    NATURAL PARENTS OF J. B. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 780 So. 2d 6 (Fla. 2001)

    . . . Statutes (1999)), actions establishing parental status in situations of gestational surrogacy (section 742.16 . . .

    In GUINN,, 102 B.R. 838 (Bankr. N.D. Ala. 1989)

    . . . monthly installments of $231.52 each, beginning May 28, 1989, and that, of the principal amount, $19,-742.16 . . .

    In BAUM, BAUM, v. UNITED VIRGINIA BANK,, 15 B.R. 538 (Bankr. E.D. Va. 1981)

    . . . Unijax delivered $742.16, representing a portion of Baum’s wages, to the clerk of the State court on . . .