Unmarried Women's Rights to Bring An Action for Support Based on Paternity of a Biological Father
In Gammon v. Cobb, 335 So. 2d 261 (Fla. 1976), the court held unconstitutional that part of section 742.011, Florida Statutes (1975), that allowed only unmarried women the right to bring an action for support based on paternity of a biological father who is not the husband. Id. at 268.
In so holding, this Court had occasion to discuss proceedings involving paternity other than proceedings under chapter 742.
The court stated that the State of Florida has engaged in numerous classifications without the confines of Chapter 742, Florida Statutes, permitting an illegitimate child to derive support from its natural father, irrespective of the marital status of its mother at the time of its conception, either directly during the father's lifetime or indirectly through recovery of compensation from the father's employer or from a tortfeasor causing the death of the father. Gammon, 335 So. 2d at 267.
Thus, the court has already acknowledged the propriety of establishing a child's parentage outside of proceedings under chapter 742 "irrespective of the marital status of the mother" for purposes of recovery of support under the wrongful death statute. Id.