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Florida Statute 742.16 | Lawyer Caselaw & Research
F.S. 742.16 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 742.16

The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS
Chapter 742
DETERMINATION OF PARENTAGE
View Entire Chapter
F.S. 742.16
742.16 Expedited affirmation of parental status for gestational surrogacy.
(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 hearing the petition, which may be immediately after the filing of the petition. Notice of hearing shall be given as prescribed by the rules of civil procedure, and service of process shall be made as specified by law for civil actions.
(3) Upon a showing by the commissioning couple or the child or the gestational surrogate that privacy rights may be endangered, the court may order the names of the commissioning couple or the child or the gestational surrogate, or any combination thereof, to be deleted from the notice of hearing and from the copy of the petition attached thereto, provided the substantive rights of any person will not thereby be affected.
(4) Notice of the hearing shall be given by the commissioning couple to:
(a) The gestational surrogate.
(b) The treating physician of the assisted reproductive technology program.
(c) Any party claiming paternity.
(5) All hearings held in proceedings under this section shall be held in closed court without admittance of any person other than essential officers of the court, the parties, witnesses, and any persons who have received notice of the hearing.
(6) The commissioning couple or their legal representative shall appear at the hearing on the petition. At the conclusion of the hearing, after the court has determined that a binding and enforceable gestational surrogacy contract has been executed pursuant to s. 742.15 and that at least one member of the commissioning couple is the genetic parent of the child, the court shall enter an order stating that the commissioning couple are the legal parents of the child.
(7) When at least one member of the commissioning couple is the genetic parent of the child, the commissioning couple shall be presumed to be the natural parents of the child.
(8) Within 30 days after entry of the order, the clerk of the court shall prepare a certified statement of the order for the state registrar of vital statistics on a form provided by the registrar. The court shall thereupon enter an order requiring the Department of Health to issue a new birth certificate naming the commissioning couple as parents and requiring the department to seal the original birth certificate.
(9) All papers and records pertaining to the affirmation of parental status, including the original birth certificate, are confidential and exempt from the provisions of s. 119.07(1) and subject to inspection only upon order of the court. The court files, records, and papers shall be indexed only in the name of the petitioner, and the name of the child shall not be noted on any docket, index, or other record outside the court file.
History.s. 2, ch. 93-237; s. 416, ch. 96-406; s. 115, ch. 97-237.

F.S. 742.16 on Google Scholar

F.S. 742.16 on Casetext

Amendments to 742.16


Arrestable Offenses / Crimes under Fla. Stat. 742.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 742.16.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . photograph of the wharf taken on May 19, 2008, prior to the June 4 and June 11, 2009 site visits); DX 742.16 . . .

In FLORIDA RULE OF JUDICIAL ADMINISTRATION, 156 So. 3d 499 (Fla. 2015)

. . . . § 742.16(9), Fla. Stat. . . .

In AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE, 126 So. 3d 228 (Fla. 2013)

. . . Statutes section 382.0195, expedited affirmation of parental status pursuant to Florida Statutes section 742.16 . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 124 So. 3d 819 (Fla. 2013)

. . . . § 742.16(9), Fla. Stat. . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

. . . . § 742.16(9), Fla. . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION AND THE FLORIDA RULES OF APPELLATE PROCEDURE, 31 So. 3d 756 (Fla. 2010)

. . . . § 742.16(9), Fla. Stat. . . . Stat. _ Gestational surrogacy records. § 742.16(9), Fla. . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE- MANAGEMENT OF CASES INVOLVING COMPLEX LITIGATION, 30 So. 3d 477 (Fla. 2009)

. . . Statutes section 382.0195, expedited affirmation of parental status pursuant to Florida Statutes section 742.16 . . .

In ENRON CORPORATION SECURITIES ERISA v. On v. L., 529 F. Supp. 2d 644 (S.D. Tex. 2006)

. . . of confirmatory information,” (Greenberg, 364 F.3d at 668 n. 16, and Amended Complaint at ¶¶ 742.5, 742.16 . . .

NATURAL PARENTS OF J. B. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 780 So. 2d 6 (Fla. 2001)

. . . Statutes (1999)), actions establishing parental status in situations of gestational surrogacy (section 742.16 . . .

In GUINN,, 102 B.R. 838 (Bankr. N.D. Ala. 1989)

. . . monthly installments of $231.52 each, beginning May 28, 1989, and that, of the principal amount, $19,-742.16 . . .

In BAUM, BAUM, v. UNITED VIRGINIA BANK,, 15 B.R. 538 (Bankr. E.D. Va. 1981)

. . . Unijax delivered $742.16, representing a portion of Baum’s wages, to the clerk of the State court on . . .