What is the Massachusetts Parentage Act ?
On August 9, 2024, Governor Maura Healey signed the Massachusetts Parentage Act into law, aiming to ensure equal rights for all parents, regardless of marital status, the circumstances of the child’s birth – such as surrogacy or reproductive assistance – or the parent’s gender, sexual orientation, or gender identity. This law is set to take effect on January 1, 2025.
The Massachusetts Parentage Act updates Chapter 209C, now titled “Non-Marital Children and Parentage of Children.” This law significantly strengthens protections for parents who use surrogacy, in-vitro fertilization, or other forms or assisted reproduction. It also introduces inclusive language aimed at supporting LGBTQ+ parents, ensuring that all families enjoy equal rights and protections. The Act removes outdated terminology, replacing it with more modern, inclusive language; for example, “nonmarital child” replaces “child born out of wedlock,” “their” replaces “his,” “persons” replaces “a man and woman,” and “parentage” replaces “paternity.” Additionally, the new law provides definitions for key terms, such as “acknowledged parent,” “adjudicated parent,” “donor,” “genetic surrogate,” “gestational surrogate,” and “presumed parent.”
The standard for establishing parentage (previously referred to as “paternity”) has also been updated, now allowing a parent to establish legal parentage through one of the following eight methods:
- Giving birth to the child (excluding surrogates)
- Presumption of parentage, including both marital and non-marital presumptions
- Court adjudication by a court of competent jurisdiction
- Acknowledgement through signing a Voluntary Acknowledgment of Parentage
- Genetic connection (excluding egg or sperm donors)
- Adoption under Chapter 210
- De facto parentage, as outlined in Section 35
- Intended parentage through assisted reproduction
- Intended parentage through a surrogacy agreement
Under the new law, an “intended parent” is defined as a person, married or unmarried, who intends to be legally recognized as a parent of a child conceived through assisted reproduction, such as IVF or surrogacy agreements. This intent can be demonstrated through a written or oral agreement showing the intended parent’s consent to the assisted reproduction. A “presumed parent” is an individual assumed to be the parent of a child, unless such presumption is legally challenged, a valid denial of parentage is issued, or a court adjudicates them as a parent. An individual is considered a presumed parent if they are married to the child’s birth parent at the time of the child’s birth, if the child is born within 300 days of the termination of the parties’ marriage, or if the individual resides in the same household as the birth parent and child and treats the child as their own. Both intended and presumed parents have the right to seek a court judgment to legally establish their parentage.
“De facto” parentage is based on a petitioner’s established relationship with a child and requires a court judgment for legal recognition. To obtain de facto parent status, the petitioner must provide clear and convincing evidence of the following:
- Living with the child as a regular member of the household for at least 40% of the child’s life or for at least 3 years
- Consistently taking on caregiving responsibilities for the child
- Assuming full and permanent responsibility for the child without expecting financial compensation
- Presenting the child to others as their own
- Forming a bonded, dependent relationship with the child that is parental in nature
- Receiving consent from all legal parents for this relationship
- Demonstrating that formal adjudication of parentage serves the child’s best interests
The law provides clear standards by which petitioners may become legal parents.
Although Massachusetts has long been a leader in establishing and protecting LGBTQ+ rights – becoming the first state to legalize same-sex marriage in 2001 – it is the last state in New England to update its parentage laws. This new law marks the first major revision to Massachusetts’ parentage laws in 40 years. Before its passage, Massachusetts offered no protection for parents using a surrogate. In 2001, the Supreme Judicial Court ruled that intended parents, rather than surrogates, should be listed on a child’s birth certificate. However, same-sex parents were still often forced to rely on marital status to establish parental rights, as, previously, only the genetically related parent was legally recognized. This gap in legal protections created significant challenges for same-sex parents, especially when one parent was not legally recognized. These challenges included complications regarding social security benefits, making medical and educational decisions for the child, and managing the child’s finances.
While the Massachusetts Parentage Act does not directly alter laws related to divorce proceedings, custody cases, parenting time, or child support, it is expected to have a significant impact on these areas. The Act will lead to new interpretations and applications within Massachusetts’s family law, with courts adjusting over time to address evolving family dynamics. Notably, under the new law, a court may recognize more than two legal parents if multiple individuals have claims to parentage and if acknowledging more than two parents serves the child’s best interest. This provision, outlined in G.L. c. 209C section 26(c), introduces the possibility for courts to expand legal parentage beyond the traditional two-parent structure in certain cases.
The Act’s inclusive definitions may also simplify processes for intended parents, making it less likely for adoptive parents, including LGBTQ+ parents to face legal obstacles based on biological or marital status. With clearer recognition of non-traditional family structures, additional legal parents may gain easier access to making healthcare decisions for the child and may qualify for benefits like Social Security survivor benefits for the child if a parent passes away. Nongenetically related parents, such as those using surrogacy, IVF, or other reproductive technologies, may find it easier in establishing legal parentage without relying solely on adoption.
The Massachusetts Parentage Act will bring vital benefits by ensuring legal recognition and protection for diverse family structures, which are more common than not today. This is especially significant for LGBTQ+ parents and those using assistive reproductive technology. By updating outdated terminology and allowing non-biological and de facto parents to establish legal parentage, the law promotes equality and inclusivity, giving all parents a fair chance to secure their rights. It also provides clarity and stability for children, as more families can ensure both legal and emotional ties are recognized, regardless of marital status or genetic connection. This reform strengthens family protections and reinforces Massachusetts’ commitment to upholding the rights of modern, diverse families.
