(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 writing to the artificial or in vitro insemination.
(2) Except in the case of gestational surrogacy, any child born within wedlock who has been conceived by means of donated eggs or preembryos shall be irrebuttably presumed to be the child of the recipient gestating woman and her husband, provided that both parties have consented in writing to the use of donated eggs or preembryos.
History.—s. 1, ch. 73-104; s. 5, ch. 90-139; s. 1, ch. 93-237.
Structure Florida Statutes
Title XLIII - Domestic Relations
Chapter 742 - Determination of Parentage
742.011 - Determination of Paternity Proceedings; Jurisdiction.
742.021 - Venue, Process, Complaint.
742.031 - Hearings; Court Orders for Support, Hospital Expenses, and Attorney’s Fee.
742.032 - Filing of Location Information.
742.045 - Attorney’s Fees, Suit Money, and Costs.
742.06 - Jurisdiction Retained for Future Orders.
742.08 - Default of Support Payments.
742.09 - Publishing Names; Penalty.
742.091 - Marriage of Parents.
742.10 - Establishment of Paternity for Children Born Out of Wedlock.
742.105 - Effect of a Determination of Paternity From a Foreign Jurisdiction.
742.107 - Determining Paternity of Child With Mother Under 16 Years of Age When Impregnated.
742.108 - Criminal Penalties for False Statements of Paternity.
742.12 - Scientific Testing to Determine Paternity.
742.14 - Donation of Eggs, Sperm, or Preembryos.
742.15 - Gestational Surrogacy Contract.
742.16 - Expedited Affirmation of Parental Status for Gestational Surrogacy.
742.17 - Disposition of Eggs, Sperm, or Preembryos; Rights of Inheritance.
742.18 - Disestablishment of Paternity or Termination of Child Support Obligation.