Chapter 742 — Chapter 742
22 sections in this chapter.
Fla. Stat. § 742.011 Proceedings for determination of paternity, rights, and responsibilities; jurisdiction
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Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise.…
Fla. Stat. § 742.021 Venue, process, complaint
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(1) The proceedings must be in the circuit court of the county where the plaintiff resides or the county where the defendant resides.(2) The complaint shall assert sufficient facts charging the paternity of the child. Upon filing of a complaint seeking to determine paternity, the…
Fla. Stat. § 742.031 Hearings; court orders for support, hospital expenses, and attorney fees
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(1) Hearings for the purpose of establishing or refuting the allegations of the complaint and answer must be held in the chambers and may be restricted to persons, in addition to the parties involved and their counsel, as the judge in his or her discretion may direct. The court s…
Fla. Stat. § 742.032 Filing of location information
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(1) Beginning July 1, 1997, each party to any paternity or child support proceeding must file with the tribunal, as defined in chapter 88 and State Case Registry as defined in chapter 61 upon entry of an order, and update as appropriate, information on location and identity of th…
Fla. Stat. § 742.045 Attorney’s fees, suit money, and costs
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The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforceme…
Fla. Stat. § 742.06 Jurisdiction retained for future orders
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The court shall retain jurisdiction of the cause for the purpose of entering such other and further orders as changing circumstances of the parties may in justice and equity require. Modifications and enforcement of child support, time-sharing, and support for a dependent adult c…
Fla. Stat. § 742.07 Effect of adoption
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Upon the adoption of a child, for whom support has been ordered, by some person other than the father, the liability of the father for the support of the child shall be terminated.
Fla. Stat. § 742.08 Default of support payments
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Upon default in payment of any moneys ordered by the court to be paid, the court may enter a judgment for the amount in default, plus interest, administrative costs, filing fees, and other expenses incurred by the clerk of the circuit court which shall be a lien upon all property…
Fla. Stat. § 742.09 Publishing names; penalty
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Except for the purpose of serving process by publication, as provided under s. 49.011(15), it shall be unlawful for the owner, publisher, manager, or operator of any newspaper, magazine, radio station, or other publication of any kind whatsoever, or any other person responsible t…
Fla. Stat. § 742.091 Marriage of parents
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If the mother of any child born out of wedlock and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held to be the child of the husband and wife, as though born within wedlock, and upon the payment of all costs and att…
Fla. Stat. § 742.10 Establishment of paternity for children born out of wedlock
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(1) Except as provided in chapters 39 and 63, this chapter provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock. If the establishment of paternity has been raised and determined within an adjudicatory hearing brought…
Fla. Stat. § 742.105 Effect of a determination of paternity from a foreign jurisdiction
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A final order of paternity entered in a foreign jurisdiction, whether resulting from a voluntary acknowledgment or an administrative or judicial process, or an affidavit acknowledging paternity signed in any other state according to its procedures, shall be given the same legal e…
Fla. Stat. § 742.107 Determining paternity of child with mother under 16 years of age when impregnated
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(1) The Legislature intends to facilitate the criminal prosecution of persons 21 years of age or older who have impregnated a child under 16 years of age by ensuring that paternity is determined for a dependent child whose mother was impregnated while under 16 years of age.(2) Wh…
Fla. Stat. § 742.108 Criminal penalties for false statements of paternity
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Notwithstanding any other provision of law, any person who knowingly and willfully provides false information to the sheriff’s office, other law enforcement agency, or governmental agency, or under oath regarding the paternity of a child in conjunction with an application for, or…
Fla. Stat. § 742.11 Presumed status of child conceived by means of artificial or in vitro insemination or donated eggs or preembryos
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(1) Except in the case of gestational surrogacy, any child born within wedlock who has been conceived by the means of artificial or in vitro insemination is irrebuttably presumed to be the child of the husband and wife, provided that both husband and wife have consented in writin…
Fla. Stat. § 742.12 Scientific testing to determine paternity
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(1) In any proceeding to establish paternity, the court on its own motion may require the child, mother, and alleged fathers to submit to scientific tests that are generally acceptable within the scientific community to show a probability of paternity. The court shall direct that…
Fla. Stat. § 742.13 Definitions
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As used in ss. 742.11-742.17, the term:(1) “Assisted reproductive technology” means those procreative procedures which involve the laboratory handling of human eggs or preembryos, including, but not limited to, in vitro fertilization embryo transfer, gamete intrafallopian transfe…
Fla. Stat. § 742.14 Donation of eggs, sperm, or preembryos
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The donor of any egg, sperm, or preembryo, other than the commissioning couple or a father who has executed a preplanned adoption agreement under s. 63.213, shall relinquish all maternal or paternal rights and obligations with respect to the donation or the resulting children. On…
Fla. Stat. § 742.15 Gestational surrogacy contract
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(1) Prior to engaging in gestational surrogacy, a binding and enforceable gestational surrogacy contract shall be made between the commissioning couple and the gestational surrogate. A contract for gestational surrogacy shall not be binding and enforceable unless the gestational …
Fla. Stat. § 742.16 Expedited affirmation of parental status for gestational surrogacy
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(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 h…
Fla. Stat. § 742.17 Disposition of eggs, sperm, or preembryos; rights of inheritance
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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 w…
Fla. Stat. § 742.18 Disestablishment of paternity or termination of child support obligation
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(1) This section establishes circumstances under which a male may disestablish paternity or terminate a child support obligation when the male is not the biological father of the child. To disestablish paternity or terminate a child support obligation, the male must file a petiti…