Florida Statute 742.17 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 742
DETERMINATION OF PARENTAGE

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F.S. 742.17

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.

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Amendments to 742.17

Annotations, Discussions, Cases:

Cases Citing Statute 742.17

Total Results: 5

Stephen v. Commissioner of Social Security

386 F. Supp. 2d 1257, 2005 U.S. Dist. LEXIS 20129, 2005 WL 2210651

District Court, M.D. Florida | Filed: Sep 7, 2005 | Docket: 2273179

Cited 1 times | Published

that time of his death. R. 10. Florida Statute § 742.17 provides that a child conceived from the sperm

Kurchner v. State Farm Fire and Cas. Co.

858 So. 2d 1220, 2003 Fla. App. LEXIS 17096, 2003 WL 22658126

District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 1513507

Cited 1 times | Published

sperm, and preembryos shall be permitted." Section 742.17, Florida Statutes (2002), recognizes that control

Kathleen Steele v. Commissioner of Social Security

Court of Appeals for the Eleventh Circuit | Filed: Feb 29, 2024 | Docket: 60034442

Published

Argued: Jul 2, 2021

decedent’s will within the meaning of Fla. Stat. § 742.17(4)?” Id.; see Steele v. Comm’r of Soc.

Kathleen Steele v. Commissioner of Social Security

Supreme Court of Florida | Filed: Feb 15, 2024 | Docket: 68253593

Published

eggs, sperm, or preembryos to a woman’s body.” § 742.17(4), Fla. Stat. (2019). The statute says that

Kathleen Steele v. Commissioner of Social Security

Court of Appeals for the Eleventh Circuit | Filed: Oct 12, 2022 | Docket: 65418002

Published

reasoning that, un- der Florida Statute § 742.17(4), a child posthumously conceived— like