Florida Statute 742.17
“Disposition of eggs, sperm, or preembryos; rights of inheritance”
What it means
Section 742.17 answers two modern questions. First, who controls stored reproductive material when plans change or someone dies: absent a written agreement, eggs and sperm stay with the person who provided them, preembryos are decided jointly by the commissioning couple, and if one of that couple dies, control passes to the survivor. Second, and central to probate, subsection (4): a child conceived from the eggs or sperm of a person who died before the material was transferred 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.
- Subsection (4): a child conceived after a parent's death cannot claim against that parent's estate unless the will provides for the child.
- Absent a written agreement, stored eggs or sperm stay with the provider; preembryos are controlled jointly by the couple.
- If one member of the commissioning couple dies, control of the material passes to the surviving member.
- A written agreement can override these defaults — which is why couples using stored material should sign one.
How it plays out
This comes up in two situations: a spouse who banked sperm or eggs before cancer treatment, and disputes over frozen embryos after a death or divorce. The rule families miss is 742.17(4) — a child conceived after the parent's death inherits nothing from that parent's estate unless the will names the child. So when a client is storing reproductive material, we make sure the estate plan speaks to it directly, either providing for a future child or deciding not to. We also urge couples to sign the disposition agreement the statute assumes exists; without it, the defaults decide.
Where this shows up
Pages on this site where § 742.17 does real work:
Questions people ask
