742.17
Disposition of eggs, sperm, or preembryos; rights of inheritance.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 12
cases (4 in the last 5 years), 2000–2025 · leading case: Reber v. Reiss
Reber v. Reiss (2012)
“See Fla. Stat. Ann. § 742.17 (2) (West 2012) ("Absent a written agreement, decision making authority regarding the disposition of pre[-]embryos shall reside jointly with the commissioning couple.”
Roman v. Roman (2006)
“, Fla. Stat. Ann. § 742.17 (couples must execute written agreement providing for disposition in event of death, divorce or other unforeseen circumstances); N.”
A.Z. v. B.Z. (2000)
“See Fla. Stat. Ann. § 742.17 (West 1997) (requiring couples to execute written agreement for disposition in event of death, divorce or other unforeseen circumstances); N.”
Kathleen Steele v. Commissioner of Social Security (2022)
““provided for” in the dece- dent’s will within the meaning of Fla. Stat. § 742.17 (4)? (2) If the answer is yes, does Florida law authorize a posthumously conceived child who is provided for in the decedent’s will to inherit intestate the decedent’s property? Our phrasing of…”
Eng Khabbaz Ex Rel. Eng v. Commissioner, Social Security Administration (2007)
“As the Massachusetts Supreme Judicial Court observed, reproductive technologies will grow and advance, and as they do, *806 the number of children they produce will continue to multiply.”
Kurchner v. State Farm Fire and Cas. Co. (2003)
“Florida Statutes that govern the donation and disposition of sperm recognize that sperm removed from the body becomes property. For example, section 742.”
Stephen v. Commissioner of Social Security (2005)
“Fla. Stat. § 742.17 (pertaining to “Disposition of eggs, sperm, or preembryos; rights of in-heritanee”)(enacted May 14, 1993, effective May 15,1993, as amended 1998).”
Kathleen Steele v. Commissioner of Social Security (2024)
“§ 742.17 (4)? (2) If the answer is yes, does Florida law authorize a posthumously conceived child who is provided for in the decedent’s will to inherit intestate the decedent’s property? -5- Id.”
Bilbao v. Goodwin (2019)
“Moreover, at least one state legislature requires progenitors to enter into disposition agree- ments; Fla. Stat. Ann. § 742.17 (West 2016); and, as in Connecticut, at least three other state legislatures require that fertility clinics provide progenitors with options for…”
Kathleen Steele v. Commissioner of Social Security (2024)
“‘provided for’ in the decedent’s will within the meaning of Fla. Stat. § 742.17 (4)?” Id.; see Steele v.”
Capato v. Commissioner Social Security (2013)
“” Fla. Stat. Ann. § 742.17 (4). Capato’s arguments to the contrary notwithstanding, § 742.”
Ashley Nicole Isabel Brito v. Jennifer Salas & Angel Giovanni Rivera v. Jennifer Salas (2025)
“Furthermore, as part of this statutory scheme, section 742.17 identifies who will have control over the commissioning couple’s eggs, sperm, or preembryos in various scenarios, such as “in the event of a divorce.”
— 742.17(4) — 1 case
Kathleen Steele v. Commissioner of Social Security (2024)
“§ 742.17 (4)? (2) If the answer is yes, does Florida law authorize a posthumously conceived child who is provided for in the decedent’s will to inherit intestate the decedent’s property? -5- Id.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.