Florida Statute 742.17 | Lawyer Caselaw & Research

The 2024 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

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 Citing Statute 742.17

Total Results: 3

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-19T00:00:00-07:00

Snippet: petitions for affirmation of parental status); and 742.17 (disposition of eggs, sperm, and preembryos).

Kathleen Steele v. Commissioner of Social Security

Court: Fla. | Date Filed: 2024-02-15T00:00:00-08:00

Snippet: eggs, sperm, or preembryos to a woman’s body.” § 742.17(4), Fla. Stat. (2019). The statute says that such…in the probate code, the ALJ turned to section 742.17—the statute noted at the beginning of this opinion… parties’ competing interpretations of section 742.17(4), finding that each side had advanced a reasonable…provided for by the decedent’s will’ in section 742.17(4) can be reasonably read as a condition for a…’s will within the meaning of Fla. Stat. § 742.17(4)? (2) If the answer is yes, does Florida

Kurchner v. State Farm Fire and Cas. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-11T23:53:00-08:00

Citation: 858 So. 2d 1220

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