Massachusetts has enacted a law that redefines and clarifies who is legally considered a parent of a child in Massachusetts. The current law emphasizes that decisions about parentage of children are to be decided based on the best interests of the child. While this is the current standard for child custody decisions, the law expands the concept of who can be considered a parent in the best interests of the child.
Under current law in Massachusetts when a married woman gives birth to a child, their spouse is automatically considered the legal parent of a child. When an unmarried woman gives birth an acknowledgment of paternity may be used to allow the biological father to establish paternity. Under the new law, the acknowledgment of paternity is now an acknowledgment of parentage and may establish the parentage of a genetic parent, presumed parent, intended parent, unmarried parent or married parent. In a change from current law, in a proceeding to establish biological parentage of a child, a married person may testify about the circumstances of conception. Married persons will not be able to be barred from testifying due to a marital privilege.
Current law does not grant parenting time to non-biological adults except in very unusual circumstances. Under the new law, the court shall adjudicate an adult who has lived with a child for a significant period of time commenced under this section to be a legal parent of the subject child if the plaintiff demonstrates by clear and convincing evidence that: (I) the plaintiff resided with the child as a regular member of the child’s household for not less than 3 years or 40 per cent of the child’s life, whichever is shorter; (ii) the plaintiff engaged in consistent care giving of the child, including, but not limited to, shaping the child’s daily routine, addressing the child’s developmental needs and providing for the child’s education and medical care, individually or cooperatively with another parent; (iii) the plaintiff undertook full and permanent responsibilities of a parent of the child without expectation or payment of financial compensation; (iv) the plaintiff held out the child as the plaintiff’s child; (v) the plaintiff established a bonded and dependent relationship with the child that is parental in nature; (vi) each parent of the child consented to the bonded and dependent relationship This means that a Court may establish a parenting schedule for a child with two biological parents and one or more psychological or de-facto parents.
One of the most notable changes brought about by the Massachusetts Parentage Act is the expansion of legal recognition and protection to parents who use surrogacy, in-vitro fertilization, and other forms of assisted reproduction. This update is particularly impactful for LGBTQ+ families, as it provides a legal framework that acknowledges and supports the diverse ways in which children may be conceived and families formed in modern society. The law encourages the use of contracts that explain the intended parentage of children born through assisted reproduction and gives legal effect to such provisions. In the absence of such contract, the donor of biological material to conceive a child does not have the right to claim parentage without a relationship to the mother. Among the enforceable terms are terms for payment of the surrogacy.
This law is intended to improve children’s lives and reduce litigation. It covers a number of different concepts and can be difficult to apply to an individual’s situation. If you have issues relating to parentage or contracts for using technology to conceive children you should contact an experienced family law attorney.
