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Chapter 742 — Parentage

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.

— What it says
  • 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)

§ 742.17 (introduction)
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.
§ 742.17(1)-(3)
(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.
§ 742.17(4)
(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.

— In a Florida probate

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

Can a child conceived from a deceased person's eggs or sperm claim against the estate in Florida?
Florida Statute 742.17(4) says a child conceived from the eggs or sperm of a person who died before the transfer to a woman's body is not eligible for a claim against the decedent's estate unless the decedent's will provides for the child.
Who controls stored eggs, sperm or preembryos after a spouse dies in Florida?
A written agreement between the commissioning couple and the treating physician controls under Florida Statute 742.17. Absent one, subsection (3) leaves any eggs, sperm or preembryos under the control of the surviving member of the couple.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 742.17

Published by the Probate.Help editorial team.How these pages are written and checked.

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