The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 742
DETERMINATION OF PARENTAGE

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F.S. 742.17

742.17 Disposition of eggs, sperm, or preembryos; rights of inheritance.—A commissioning couple and the treating physician shall enter into a written agreement that provides for the disposition of the commissioning couple’s eggs, sperm, and preembryos in the event of a divorce, the death of a spouse, or any other unforeseen circumstance.

(1) Absent a written agreement, any remaining eggs or sperm shall remain under the control of the party that provides the eggs or sperm.

(2) Absent a written agreement, decisionmaking authority regarding the disposition of preembryos shall reside jointly with the commissioning couple.

(3) Absent a written agreement, in the case of the death of one member of the commissioning couple, any eggs, sperm, or preembryos shall remain under the control of the surviving member of the commissioning couple.

(4) A child conceived from the eggs or sperm of a person or persons who died before the transfer of their eggs, sperm, or preembryos to a woman’s body shall not be eligible for a claim against the decedent’s estate unless the child has been provided for by the decedent’s will.

History.—s. 2, ch. 93-237.

F.S. 742.17 on Google Scholar

F.S. 742.17 on Casetext

Amendments to 742.17

Arrestable Offenses / Crimes under Fla. Stat. 742.17

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 742.17.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . DX at 742.17 (photograph of deteriorated I-I-piles taken on November 29, 2009, after the June 4 and June . . .

K. CAPATO, o b o B. N. C. K. N. C. v. COMMISSIONER SOCIAL SECURITY, 532 F. App'x 251 (3d Cir. 2013)

. . . . § 742.17(4). . . . Capato’s arguments to the contrary notwithstanding, § 742.17(4) clearly prevents recovery for the twins . . .

ASTRUE, COMMISSIONER OF SOCIAL SECURITY v. CAPATO, B. N. C., 566 U.S. 541 (U.S. 2012)

. . . The court also referred to §742.17(4), which provides that a posthumously conceived child “ ‘shall not . . .

G. STEPHEN, v. COMMISSIONER OF SOCIAL SECURITY,, 386 F. Supp. 2d 1257 (M.D. Fla. 2005)

. . . Florida Statute § 742.17 provides that a child conceived from the sperm of a person who died before the . . . Stat. § 742.17 (pertaining to “Disposition of eggs, sperm, or preembryos; rights of in-heritanee”)(enacted . . . Stat. § 742.17 (pertaining to “Disposition of eggs, sperm, or preembryos; rights of inheritance”). . . . Stat. § 742.17 provides: A commissioning couple and the treating physician shall enter into a written . . .

KURCHNER, v. STATE FARM FIRE AND CASUALTY CO., 858 So. 2d 1220 (Fla. Dist. Ct. App. 2003)

. . . Section 742.17, Florida Statutes (2002), recognizes that control over the disposition of eggs, sperm, . . .

HARMON, v. SAN DIEGO COUNTY, a K. D. G. J. O. M., 664 F.2d 770 (9th Cir. 1981)

. . . The award of costs in the amount of $742.17 by the district court is not inappropriate. . . .

In E. CLARK, CENTURY BANK OF PINELLAS COUNTY, a v. E. CLARK,, 1 B.R. 614 (Bankr. M.D. Fla. 1979)

. . . At the time of the final evidentiary hearing the bankrupt testified that of the $757,-742.17 in debts . . .