Florida Statute 742.17
“Disposition of eggs, sperm, or preembryos; rights of inheritance”
What it means
Section 742.17 requires a commissioning couple and the treating physician to enter into a written agreement providing for the disposition of the couple's eggs, sperm and preembryos in the event of a divorce, the death of a spouse, or any other unforeseen circumstance.
Absent a written agreement, the statute sets defaults: remaining eggs or sperm remain under the control of the party that provides them (subsection (1)); decisionmaking authority over preembryos resides jointly with the commissioning couple (subsection (2)); and if one member of the couple dies, any eggs, sperm or preembryos remain under the control of the surviving member (subsection (3)).
Subsection (4) addresses estates. 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 is not eligible for a claim against the decedent's estate unless the child has been provided for by the decedent's will.
- A written agreement between the commissioning couple and the treating physician must provide for disposition on divorce, death of a spouse, or other unforeseen circumstance (§ 742.17).
- Absent an agreement, eggs or sperm remain under the control of the party that provides them (§ 742.17(1)).
- Absent an agreement, preembryos are decided jointly by the commissioning couple (§ 742.17(2)).
- Absent an agreement, if one member dies, the material stays under the control of the surviving member (§ 742.17(3)).
- A child conceived from the eggs, sperm, or preembryos of a person who died before the transfer to a woman's body has no claim against the estate unless provided for by the will (§ 742.17(4)).
Text of the statute (2026)
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.
Excerpts are the subsections the summary relies on. Read the full official text of § 742.17.
History. s. 2, ch. 93-237.
How it applies
The defaults in subsections (1) to (3) apply only when there is no written agreement, so the agreement the statute calls for is the first document to check. Control passing to the surviving member under subsection (3) concerns the stored material, not the estate.
Subsection (4) is about claims against the estate of a person who died before the transfer of the material to a woman's body. Its exception is a will that provides for the child, so whether the will mentions such a child decides the outcome under this section.
Where this shows up
Pages on this site where § 742.17 does real work:
Questions people ask
Sources
- Florida Statutes (2026), s. 742.17 (“shall not be eligible for a claim against the decedent’s estate unless the child has been provided for by the decedent’s will”)
- Florida Statutes (2026), s. 732.106 (heirs conceived before death but born after, referenced as related law)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.