Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1602 Compare Versions

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2745 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1602
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kay Khan and Adam Scanlon
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to parentage to promote children's security.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kay Khan11th Middlesex1/19/2023Adam Scanlon14th Bristol1/19/2023Lindsay N. Sabadosa1st Hampshire1/30/2023Natalie M. Higgins4th Worcester2/23/2023Samantha Montaño15th Suffolk2/27/2023 1 of 60
16	16	HOUSE DOCKET, NO. 2745 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1602
18	18	By Representatives Khan of Newton and Scanlon of North Attleborough, a petition
19	19	(accompanied by bill, House, No. 1602) of Kay Khan, Adam Scanlon and others relative to the
20	20	rights and protections of children. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1714 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to parentage to promote children's security.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 1 of chapter 209C of the General Laws, as appearing in the 2018
32	32	2Official Edition, is hereby amended in line 3 by inserting after the word “children.” the
33	33	3following sentence:- It is the public policy of the Commonwealth under this chapter, as well as
34	34	4under chapter 209E, that every child has the same rights and protections under law as any other
35	35	5child without regard to the marital status or gender of the parents or the circumstances of the
36	36	6birth of the child, including whether the child was born as a result of assisted reproduction or
37	37	7surrogacy.
38	38	8 SECTION 1A. Section 1 of chapter 209C of the General Laws, as so appearing, is hereby
39	39	9amended by striking out, in line X, the words “a man and woman” and inserting in place thereof
40	40	10the following word:- people. 2 of 60
41	41	11 SECTION 1B. Said section 1 of chapter 209C of the General Laws, as so appearing, is
42	42	12hereby amended by striking out, in lines 7 and 8, and in lines 14, 15 and 17, the word “paternity”
43	43	13and inserting in place thereof, in each instance, the following word:- parentage.
44	44	14 SECTION 2. Said section 1 of said chapter 209C, as so appearing, is hereby further
45	45	15amended by striking out, in line 11 and in line 20, the words “child born out of wedlock” and
46	46	16inserting in place thereof, in each instance, the following words:- nonmarital child.
47	47	17 SECTION 3. Section 2 of said chapter 209C, as so appearing, is hereby amended by
48	48	18striking out, in line 1, the word “Paternity” and inserting in place thereof the following word:-
49	49	19Parentage.
50	50	20 SECTION 4. Said section 2 of said chapter 209C, as so appearing, is hereby further
51	51	21amended by striking out, in lines 12, 13, 16, and in line 18, the word “paternity” and inserting in
52	52	22place thereof, in each instance, the following word:- parentage.
53	53	23 SECTION 5. Said section 2 of said chapter 209C, as so appearing, is hereby further
54	54	24amended by striking out, in line 5, the words “paternity filed pursuant to this chapter” and
55	55	25inserting in place thereof the following words:- parentage filed pursuant to this chapter or chapter
56	56	26209E.
57	57	27 SECTION 6. Section 3 of said chapter 209C, as so appearing, is hereby amended by
58	58	28striking out, in lines 3, 7, lines 35 and 36, and in line 51, the word “paternity” and inserting in
59	59	29place thereof, in each instance, the following word:- parentage. 3 of 60
60	60	30 SECTION 7. Said section 3 of said chapter 209C, as so appearing, is hereby further
61	61	31amended by inserting after the word “parentage”, in line 4, the following words:- under this
62	62	32chapter.
63	63	33 SECTION 8. Section 4 of said chapter 209C, as so appearing, is hereby amended by
64	64	34striking out, in lines 1 and 11, the word “paternity”, and inserting in place thereof, in each
65	65	35instance, the following word:- parentage.
66	66	36 SECTION 9. Section 5 of said chapter 209C, as so appearing, is hereby amended by
67	67	37striking out, in lines 1 and 2, lines 19, 35, 55, 60 and 62, the word “paternity” and inserting in
68	68	38place thereof, in each instance, the following word:- parentage.
69	69	39 SECTION 10. Said section 5 of said chapter 209C, as so appearing, is hereby further
70	70	40amended by inserting after the word “mother”, in lines 3, 7, the first time it appears, and in line
71	71	4117, the following words:- person who gave birth.
72	72	42 SECTION 11. Said section 5 of said chapter 209C, as so appearing, is hereby further
73	73	43amended by striking out, in line 4, the words “the mother” and inserting in place thereof the
74	74	44following words:- that person.
75	75	45 SECTION 12, Said section 5 of said chapter 209C, as so appearing, is hereby further
76	76	46amended by striking out, in line 4 and in line 9, the second time it appears, the word “father” and
77	77	47inserting in place thereof, in each instance, the following words:- other parent.
78	78	48 SECTION 13. Said section 5 of said chapter 209C, as so appearing, is hereby further
79	79	49amended by striking out, in lines 4 and 21, the word “himself” and inserting in place thereof, in
80	80	50each instance, the following word:- themselves. 4 of 60
81	81	51 SECTION 14. Said section 5 of said chapter 209C, as so appearing, is hereby further
82	82	52amended by striking out, in lines 21 and 22, the words “mother’s husband” and inserting in place
83	83	53thereof the following word:- spouse.
84	84	54 SECTION 15. Said section 5 of said chapter 209C, as so appearing, is hereby amended
85	85	55by striking out, in lines 24 to 37, inclusive, the words “mother and the putative father, whether
86	86	56either or both is a minor, and may be registered pursuant to section 11 only if the signatures of
87	87	57the mother and the father are notarized. If the mother of the child was or is married and the
88	88	58child’s birth occurs during the marriage or within 300 days of its termination by divorce, a
89	89	59voluntary acknowledgment of parentage naming the putative father may be executed by the
90	90	60mother and the putative father only if the mother and the person who was the spouse of the
91	91	61mother at the time of the child’s birth or conception sign an affidavit denying that the spouse is
92	92	62the father of the child; provided, however, that where the marriage has been terminated by
93	93	63annulment or by the death of either spouse, paternity of the putative father may only be
94	94	64established by filing a complaint to establish paternity as provided in this chapter. A mother and
95	95	65a putative father” and inserting in place thereof the following words:- person who gave birth and
96	96	66either a presumed parent or alleged genetic parent as provided in this chapter or an intended
97	97	67parent as provided in Article 6 of chapter 209E, whether either or both is a minor and may be
98	98	68registered pursuant to section 11 only if the signatures of both signatories are notarized or
99	99	69witnessed. If the person who gave birth to the child was or is married and the child’s birth occurs
100	100	70during the marriage or within 300 days of its termination by divorce, a voluntary
101	101	71acknowledgment of parentage naming the other parent may be executed by the person who gave
102	102	72birth and the other parent only if the person who gave birth and the person who was the spouse
103	103	73of the person who gave birth at the time of the child’s birth or conception sign an affidavit 5 of 60
104	104	74denying that the spouse is the parent of the child; provided, however, that where the marriage has
105	105	75been terminated by annulment or by the death of either spouse, parentage of the other parent may
106	106	76only be established by filing a complaint to establish parentage as provided in this chapter. A
107	107	77person who gave birth and the other parent.
108	108	78 SECTION 15A. Subsection (b) of said section 5 of said chapter 209C, as so appearing, is
109	109	79hereby further amended in line 50 by inserting, after the word “chapter.” the following sentence:-
110	110	80For the purposes of this chapter the term “alleged genetic parent”, means an individual who is
111	111	81alleged to be, or alleges that the individual is, a genetic parent or possible genetic parent of a
112	112	82child whose parentage has not been adjudicated. The term includes a putative parent, an alleged
113	113	83genetic father and alleged genetic mother. The term does not include: (A) a presumed parent; (B)
114	114	84an individual whose parental rights have been terminated or declared not to exist; or (C) a donor,
115	115	85as defined in chapter 209E, section 102.
116	116	86 SECTION 16. Section 6 of said chapter 209C, as so appearing, is hereby amended by
117	117	87striking out, in lines 1 and 2, the words “In all actions under this chapter a man is presumed to be
118	118	88the father of a child and must be joined as a party” and inserting in place thereof the following
119	119	89words:- A person is presumed to be the parent of a child and shall be joined as a party in all
120	120	90actions under this chapter.
121	121	91 SECTION 17. Said section 6 of said chapter 209C, as so appearing, is hereby further
122	122	92amended by striking out, in lines 3, 6, 11,14, 16, 18 and 26, the word “he” and inserting in place
123	123	93thereof, in each instance, the following words:- the person. 6 of 60
124	124	94 SECTION 18. Said section 6 of said chapter 209C, as so appearing, is hereby further
125	125	95amended by striking out, in lines 3, 7 and 32, the word “mother” and inserting in place thereof, in
126	126	96each instance, the following words:- person who gave birth.
127	127	97 SECTION 19. Said section 6 of said chapter 209C, as so appearing, is hereby further
128	128	98amended by striking out, in lines 21 to 23, inclusive, the words “he has acknowledged paternity
129	129	99in a parental responsibility claim as provided in section four A of chapter two hundred and ten
130	130	100and the mother” and inserting in place thereof the following words:- the person has
131	131	101acknowledged parentage in a parental responsibility claim as provided in section 4A of chapter
132	132	102210 and the person who gave birth.
133	133	103 SECTION 20. Said section 6 of said chapter 209C, as so appearing, is hereby further
134	134	104amended by striking out subsection (b) and inserting in place thereof the following subsection:-
135	135	105 (b) Notwithstanding subsection (a), a spouse or former spouse shall not be required to be
136	136	106joined as a party if that person’s non-parentage of the child has previously been adjudicated in a
137	137	107proceeding between the spouse and the person who gave birth to the child in a court or
138	138	108administrative agency of competent jurisdiction.
139	139	109 SECTION 21. Said section 6 of said chapter 209C, as so appearing, is hereby further
140	140	110amended by adding the following subsection:-
141	141	111 (d) A presumption of parentage under this section may be overcome, and competing
142	142	112claims to parentage may be resolved, only by a valid denial of parentage under section 11 of this
143	143	113chapter or as follows: 7 of 60
144	144	114 (1) A presumption of parentage cannot be overcome after the child attains 2 years of age
145	145	115unless the court determines: (i) the presumed parent is not a genetic parent, never resided with
146	146	116the child, and never held out the child as the presumed parent’s child; or (ii) the child has more
147	147	117than 1 presumed parent.
148	148	118 (2) A proceeding to challenge the marital presumption by an alleged genetic parent who
149	149	119is not a presumed parent may be permitted by a court only if the alleged genetic parent proves,
150	150	120by clear and convincing evidence, that the alleged genetic parent has a substantial parent-child
151	151	121relationship with the child. If the court permits the proceeding, the court shall adjudicate
152	152	122parentage under chapter 209E, section 511.
153	153	123 (3) The following rules apply in a proceeding to adjudicate a presumed parent’s
154	154	124parentage of a child if the individual who gave birth to the child is the only other individual with
155	155	125a claim to parentage of the child: (i) If no party to the proceeding challenges the presumed
156	156	126parent’s parentage of the child, the court shall adjudicate the presumed parent to be a parent of
157	157	127the child; (ii) If the presumed parent is identified as a genetic parent of the child and that
158	158	128identification is not successfully challenged, the court shall adjudicate the presumed parent to be
159	159	129a parent of the child; (iii) If the presumed parent is not identified as a genetic parent of the child
160	160	130and the presumed parent or the individual who gave birth to the child challenges the presumed
161	161	131parent’s parentage of the child, the court shall adjudicate the parentage of the child in the best
162	162	132interest of the child based on the factors of chapter 209E, section 511(a) and (b).
163	163	133 (4) Subject to other limitations in this part, if in a proceeding to adjudicate a presumed
164	164	134parent’s parentage of a child, another individual in addition to the individual who gave birth to 8 of 60
165	165	135the child asserts a claim to parentage of the child, the court shall adjudicate parentage under
166	166	136chapter 209E, section 511.
167	167	137 SECTION 22. Section 7 of said chapter 209C, as so appearing, is hereby amended by
168	168	138striking out, in lines 3 and 4 and in line 8, the word “paternity” and inserting in place thereof, in
169	169	139each instance, the word:- parentage.
170	170	140 SECTION 23. Section 8 of said chapter 209C, as so appearing, is hereby amended by
171	171	141striking out, in lines 1, 2, 5 and 15, the word “paternity” and inserting in place thereof the
172	172	142following word:- parentage.
173	173	143 SECTION 24. Said section 8 of said chapter 209C, as so appearing, is hereby further
174	174	144amended by striking out, in line 7, the words “mother or putative father submits” and inserting in
175	175	145place thereof the following words:- person who gave birth or alleged genetic parent submits
176	176	146sufficient evidence, which may include evidence.
177	177	147 SECTION 25. Said section 8 of said chapter 209C, as so appearing, is hereby further
178	178	148amended by striking out, in lines 12 and 13, the word “father or mother” and inserting in place
179	179	149thereof the following word:- parent.
180	180	150 SECTION 26. Said section 8 of said chapter 209C, as so appearing, is hereby further
181	181	151amended by striking out, in line 16, the word “mother” and inserting in place thereof the
182	182	152following words:- person who gave birth.
183	183	153 SECTION 26A. Section 9 of said chapter 209C, as so appearing, is hereby amended by
184	184	154striking out, in line X, the word “mother” and inserting in place thereof, the following word:
185	185	155person who gave birth. 9 of 60
186	186	156 SECTION 27. Subsection (a) of section 10 of said chapter 209C, as so appearing, is
187	187	157hereby amended by striking out the first paragraph and inserting in place thereof the following
188	188	158paragraph:-
189	189	159 Upon or after an adjudication or voluntary acknowledgment of parentage for a nonmarital
190	190	160child, the court may award custody to either parent or to them jointly or to another suitable
191	191	161person as hereafter further specified as may be appropriate in the best interests of the child.
192	192	162 SECTION 28. Said section 10 of said chapter 209C, as so appearing, is hereby further
193	193	163amended by striking out subsection (b) and inserting in place thereof the following subsection:-
194	194	164 (b) Prior to or in the absence of an adjudication or voluntary acknowledgment of
195	195	165parentage, the person who gave birth shall have custody of a nonmarital child. In the absence of
196	196	166an order or judgment of a probate and family court relative to custody, the person who gave birth
197	197	167shall continue to have custody of a child after an adjudication of parentage or voluntary
198	198	168acknowledgment of parentage.
199	199	169 SECTION 29. Section 11 of said chapter 209C, as so appearing, is hereby amended by
200	200	170striking out, in line 2, the words “putative father” and inserting in place thereof, in each instance,
201	201	171the following words:- alleged genetic parent, presumed parent or intended parent.
202	202	172 SECTION 29A. Section 11 of said chapter 209C, as so appearing, is hereby further
203	203	173amended by striking out, in line 3 the word “mother” and inserting in place thereof the following
204	204	174words:- person who gave birth to. 10 of 60
205	205	175 SECTION 29B. Section 11 of said chapter 209C, as so appearing, is hereby further
206	206	176amended by striking out, in line 21 the word “mother” and inserting in place thereof the
207	207	177following words: - person who gave birth.
208	208	178 SECTION 30. Said section 11 of said chapter 209C, as so appearing, is hereby further
209	209	179amended by striking out, in lines 7, 20, 22, 37 and 49 the word “paternity” and inserting in place
210	210	180thereof, in each instance, the following word:- parentage.
211	211	181 SECTION 31. Said section 11 of said chapter 209C, as so appearing, is hereby amended
212	212	182by striking out, in line 21, the word “father” and inserting in place thereof the following word:-
213	213	183parent.
214	214	184 SECTION 32. Said section 11 of said chapter 209C, as so appearing, is hereby further
215	215	185amended by striking out, in lines 2 and 59, the word “father” and inserting in place thereof, in
216	216	186each instance, the following words:- parent, presumed parent or intended parent.
217	217	187 SECTION 33. Said section 11 of said chapter 209C, as so appearing, is hereby further
218	218	188amended by inserting after the word “be”, in line 16, the following words:- in a record signed by
219	219	189the person who gave birth and by the individual seeking to establish a parent-child relationship
220	220	190and the signatures must be and is hereby further amended by inserting after the word “public,” in
221	221	191line 17 and in line 77, the following words:- or witnessed.
222	222	192 SECTION 34. Said section 11 of said chapter 209C, as so appearing, is hereby further
223	223	193amended by striking out, in line 43, the word “rescind” and inserting in place thereof the
224	224	194following word:- challenge. 11 of 60
225	225	195 SECTION 35. Said section 11 of said chapter 209C, as so appearing, is hereby further
226	226	196amended by striking out the tenth sentence and inserting in place thereof the following sentence:-
227	227	197If either party rescinds the acknowledgment in a timely fashion and the basis of the
228	228	198acknowledgment is genetic parentage, the court shall order genetic marker testing and proceed to
229	229	199adjudicate parentage or nonparentage in accordance with this chapter; provided, however, that
230	230	200the rescinded acknowledgment shall constitute the proper showing required for an order to
231	231	201submit to such testing; and provided, further, that the rescinded acknowledgment shall be
232	232	202admissible as evidence of the alleged genetic parent’s parentage and shall serve as sufficient
233	233	203basis for admitting the report of the results of genetic marker tests.
234	234	204 SECTION 36. Said section 11 of said chapter 209C, as so appearing, is hereby further
235	235	205amended by striking out, in line 56, the word “nonpaternity” and inserting in place thereof the
236	236	206following word:- nonparentage.
237	237	207 SECTION 37. Said section 11 of said chapter 209C, as so appearing, is hereby further
238	238	208amended by striking out, in line 59, the word “a mother and father” and inserting in place thereof
239	239	209the following words:- parents.
240	240	210 SECTION 38 . Said section 11 of said chapter 209C, as so appearing, is hereby further
241	241	211amended by adding the following subsection:-
242	242	212 (e) If there are competing claims of parentage of a child with an acknowledged parent,
243	243	213the court shall adjudicate parentage as provided in section 511 of chapter 209E.
244	244	214 SECTION 39. Section 12 of said chapter 209C, as so appearing, is hereby amended by
245	245	215striking out, in line 2, the word “paternity” and inserting in place thereof the following word:-
246	246	216parentage. 12 of 60
247	247	217 SECTION 40. Section 13 of said chapter 209C, as so appearing, is hereby amended by
248	248	218striking out, in lines 1 and 2, the words “paternity or in which paternity of a child is an issue” and
249	249	219inserting in place thereof the following words:- parentage or in which parentage of a child is an
250	250	220issue pursuant to this chapter.
251	251	221 SECTION 41. Said section 13 of said chapter 209C, as so appearing, is hereby further
252	252	222amended by striking out, in lines 7 to 9, inclusive, the words “father is adjudicated not to be the
253	253	223father of the child; provided, however, that the child, the child’s mother, the person adjudicated
254	254	224to be the father” and inserting in place thereof the following words:- parent is adjudicated not to
255	255	225be the parent of the child; provided, however, that the child, the person who gave birth to the
256	256	226child, the person adjudicated to be the parent.
257	257	227 SECTION 42. Said chapter 209C is hereby further amended by striking out section 14, as
258	258	228so appearing, and inserting in place thereof the following section:-
259	259	229 Section 14. An action to establish parentage of a child pursuant to this chapter may be
260	260	230instituted during pregnancy but shall only be filed by the person to give birth or their
261	261	231representative or by the IV-D agency as set forth in chapter 119A on behalf of the person to give
262	262	232birth. In the case of any complaint brought prior to the birth of the child, no final judgment on
263	263	233the issue of parentage shall be made until after the birth of the child; provided, however, that the
264	264	234court may order temporary support or health care coverage.
265	265	235 SECTION 43. Section 16 of said chapter 209C, as so appearing, is hereby amended by
266	266	236striking out subsections (c), (d) and (e) and inserting in place thereof the following 3
267	267	237subsections:- 13 of 60
268	268	238 (c) In an action pursuant to this chapter, the person who gave birth and the alleged parent
269	269	239shall be competent to testify and no privilege or disqualification created under chapter 233 shall
270	270	240prohibit testimony by a spouse or former spouse which is otherwise competent. If the person who
271	271	241gave birth is or was married, both that person and their spouse or former spouse may testify to
272	272	242parentage of the child.
273	273	243 (d) In an action to establish parentage, testimony relating to sexual access to the person
274	274	244who gave birth by an unidentified person at any time or by an identified person at any time other
275	275	245than the probable time of conception of the child is inadmissible in evidence unless offered by
276	276	246the person who gave birth.
277	277	247 (e) In an action to establish parentage based on alleged genetic parentage, the court may
278	278	248view the person who gave birth, the child and the alleged genetic parent to note any resemblance
279	279	249among the parties notwithstanding the absence of expert testimony.
280	280	250 SECTION 44. Said section 16(f) of said chapter 209C, as so appearing, is hereby further
281	281	251amended by striking out, in line 25, the word “mother” and inserting in place thereof the
282	282	252following words:- person who gave birth.
283	283	253 SECTION 45. Said section 16 of said chapter 209C, as so appearing, is hereby amended
284	284	254by striking out subsection (g) and inserting in place thereof the following subsection:-
285	285	255 (g) All other evidence relevant to the issue of parentage of the child, custody of a child or
286	286	256support of a child shall also be admissible. 14 of 60
287	287	257 SECTION 46. Section 17 of said chapter 209C, as so appearing, is hereby amended by
288	288	258striking out, in line 1, the words “paternity of a child born out of wedlock” and inserting in place
289	289	259thereof the following words:- parentage of a nonmarital child based on alleged genetic parentage.
290	290	260 SECTION 47. Said section 17 of said chapter 209C, as so appearing, is hereby further
291	291	261amended by striking out, in lines 4, 9, 10, 13,26 and 28, the word “mother” and inserting in place
292	292	262thereof, in each instance, the following words:- person who gave birth.
293	293	263 SECTION 48. Said section 17 of said chapter 209C, as so appearing, is hereby further
294	294	264amended by striking out, in lines 4, 10, 13, lines 21 and 22, 28, 31, lines 48 and 49, both times
295	295	265they appear, the word “father” and inserting in place thereof, in each instance, the following
296	296	266words:- genetic parent.
297	297	267 SECTION 49. Said section 17 of said chapter 209C, as so appearing, is hereby further
298	298	268amended by striking out, in lines 31 and 49, the word “father” and inserting in place thereof, in
299	299	269each instance, the following words:- parent.
300	300	270 SECTION 50. Said section 17 of said chapter 209C, as so appearing, is hereby amended
301	301	271in line 56 by inserting, after the word “party.” the following sentence:- Genetic testing shall not
302	302	272be used to challenge the parentage of an individual who is a parent under Article 6 of chapter
303	303	273209E or to establish the parentage of an individual who is a donor as provided in said chapter
304	304	274209E.
305	305	275 SECTION 51. Section 21 of said chapter 209C, as so appearing, is hereby amended by
306	306	276striking out, in line 2, the word “establishing paternity shall apply” and inserting in place thereof
307	307	277the following words:- determining the existence of a father and child relationship shall apply. 15 of 60
308	308	278 SECTION 52. Section 22 of said chapter 209C, as so appearing, is hereby amended by
309	309	279striking out, in line 9, the word “or”,- and by inserting after the word “nine D”, in lines 6 and 10,
310	310	280the following words:- , or 209E.
311	311	281 SECTION 53. Section 23 of said chapter 209C, as so appearing, is hereby amended by
312	312	282striking out, in lines 1, 10, 11 and 14, the word “paternity” and inserting in place thereof, in each
313	313	283instance, the following word:- parentage.
314	314	284 SECTION 54. The General Laws are hereby amended by inserting after chapter 209D the
315	315	285following chapter:
316	316	286 Chapter 209E
317	317	287 The Massachusetts Parentage Act.
318	318	288 Article 1. GENERAL PROVISIONS
319	319	289 Section 101. This chapter may be cited as the Massachusetts Parentage Act.
320	320	290 Section 102. For the purposes of this chapter the following terms shall, unless the context
321	321	291clearly requires otherwise, have the following meanings:
322	322	292 “Acknowledged parent”, an individual who has established a parent-child relationship
323	323	293through a voluntary acknowledgement of parentage.
324	324	294 “Adjudicated parent”, an individual who has been adjudicated to be a parent of a child by
325	325	295a court with jurisdiction.
326	326	296 “Alleged genetic parent”, an individual who is alleged to be, or alleges that the individual
327	327	297is, a genetic parent or possible genetic parent of a child whose parentage has not been 16 of 60
328	328	298adjudicated. The term includes a putative parent, alleged genetic father and alleged genetic
329	329	299mother. The term does not include: (A) a presumed parent; (B) an individual whose parental
330	330	300rights have been terminated or declared not to exist; or (C) a donor.
331	331	301 “Assisted reproduction”, a method of causing pregnancy other than sexual intercourse
332	332	302and includes but is not limited to:
333	333	303 (A) intrauterine, intracervical insemination, or vaginal insemination;
334	334	304 (B) donation of gametes;
335	335	305 (C) donation of embryos;
336	336	306 (D) in-vitro fertilization and transfer of embryos; and
337	337	307 (E) intracytoplasmic sperm injection.
338	338	308 “Birth”, includes stillbirth.
339	339	309 “Child”, an individual whose parentage may be determined under this chapter.
340	340	310 “Child-support agency”, a government entity or public official authorized to provide
341	341	311parentage-establishment services under Title IV-D of the Social Security Act, 42 U.S.C. sections
342	342	312651 through 669.
343	343	313 “Determination of parentage”, establishment of a parent-child relationship by a court
344	344	314adjudication or signing of a valid acknowledgment of parentage. 17 of 60
345	345	315 “Donor”, an individual who provides a gamete or gametes or an embryo or embryos
346	346	316intended for assisted reproduction or gestation, whether or not for consideration. This term does
347	347	317not include:
348	348	318 (A) a person who gives birth to a child conceived by assisted reproduction, except as
349	349	319otherwise provided in Article 7; or
350	350	320 (B) a parent or intended parent under Article 6 or Article 7.
351	351	321 “Embryo”, a cell or group of cells containing a diploid complement of chromosomes or a
352	352	322group of such cells, not including a gamete, that has the potential to develop into a live born
353	353	323human being if transferred into the body of a person under conditions in which gestation may be
354	354	324reasonably expected to occur.
355	355	325 “Gamete”, sperm or egg.
356	356	326 “Individual”, a natural person of any age.
357	357	327 “Intended parent”, an individual, married or unmarried, who manifests an intent to be
358	358	328legally bound as a parent of a child conceived by assisted reproduction or a gestational or genetic
359	359	329carrier agreement.
360	360	330 “Marriage”, includes any legal relationship that provides substantially the same rights,
361	361	331benefits and responsibilities as marriage and is recognized as valid in the state or jurisdiction in
362	362	332which it was entered.
363	363	333 “Parent”, an individual who has established parentage that meets the requirements of this
364	364	334chapter. 18 of 60
365	365	335 “Parentage” or “parent-child relationship”, the legal relationship between a child and a
366	366	336parent of the child.
367	367	337 “Presumed parent”, an individual who under section 6 of chapter 209C is presumed to be
368	368	338a parent of a child, unless the presumption is overcome in a judicial proceeding, a valid denial of
369	369	339parentage is made under section 5 of said chapter 209C or a court adjudicates the individual to be
370	370	340a parent.
371	371	341 “Record”, information that is inscribed on a tangible medium or that is stored in an
372	372	342electronic or other medium and is retrievable in perceivable form.
373	373	343 “Sign”, with intent to authenticate or adopt a record to: (A) execute or adopt a tangible
374	374	344symbol; or (B) attach to or logically associate with the record an electronic symbol, sound or
375	375	345process.
376	376	346 “Signatory”, an individual who signs a record.
377	377	347 “State”, a state of the United States, the District of Columbia, Puerto Rico, the United
378	378	348States Virgin Islands, or any territory or insular possession under the jurisdiction of the United
379	379	349States. The term includes a federally recognized Indian tribe.
380	380	350 “Transfer”, a procedure for assisted reproduction by which an embryo or sperm is placed
381	381	351in the body of individual who will give birth to the child.
382	382	352 “Witnessed”, that at least 1 individual who is competent and disinterested has signed a
383	383	353record to verify that the individual personally observed a signatory sign the record.
384	384	354 Section 103. SCOPE. 19 of 60
385	385	355 (a) This chapter applies to an adjudication or determination of parentage.
386	386	356 (b) This chapter does not create, affect, enlarge or diminish parental rights or duties under
387	387	357the law of this state other than this chapter.
388	388	358 Section 104. AUTHORIZED COURT.
389	389	359 The probate and family court department has jurisdiction to adjudicate parentage under
390	390	360this chapter. The district, Boston municipal, and juvenile court departments shall retain
391	391	361concurrent jurisdiction over adjudication of parentage and to accept registration of voluntary
392	392	362acknowledgments of parentage as provided in section 3 of chapter 209C.
393	393	363 Section 105. APPLICABLE LAW.
394	394	364 The court shall apply the law of this state to adjudicate parentage under this chapter,
395	395	365regardless of:
396	396	366 (1) the place of birth of the child; or
397	397	367 (2) the past or present residence of the child.
398	398	368 Section 106. DATA PRIVACY.
399	399	369 A proceeding under this chapter is subject to the law of this state other than this chapter
400	400	370which governs the health, safety, privacy and liberty of a child or other individual who could be
401	401	371affected by disclosure of information that could identify the child or other individual, including
402	402	372address, telephone number, digital contact information, place of employment, Social Security
403	403	373number, and the child’s day-care facility or school.
404	404	374 Section 107. ESTABLISHMENT OF PARENTAGE. 20 of 60
405	405	375 To the extent practicable, a provision of this chapter applicable to a father-child
406	406	376relationship applies to a mother-child relationship and a provision of this chapter applicable to a
407	407	377mother-child relationship applies to a father-child relationship. This chapter is intended to allow
408	408	378access to establish parentage in a gender-neutral manner.
409	409	379 Article 2. PARENT-CHILD RELATIONSHIP
410	410	380 Section 201. ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP.
411	411	381 A parent-child relationship is established between an individual and a child by any of the
412	412	382following:
413	413	383 (1) Birth: the individual gives birth to the child, except as otherwise provided in Article 7
414	414	384of this chapter;
415	415	385 (2) Presumption: there is a presumption under section 6 of chapter 209C, unless the
416	416	386presumption is overcome in a judicial proceeding or a valid denial of parentage is made;
417	417	387 (3) Adjudication: the individual is adjudicated a parent of the child by a court with
418	418	388jurisdiction;
419	419	389 (4) Adoption: the individual adopts the child pursuant to chapter 210;
420	420	390 (5) Acknowledgment: the individual acknowledges parentage of the child under chapter
421	421	391209C, unless the acknowledgment is rescinded or successfully challenged;
422	422	392 (6) De Facto Parentage: the individual is adjudicated a de facto parent of the child under
423	423	393section 508; 21 of 60
424	424	394 (7) Assisted reproduction: the individual’s parentage of the child is established under
425	425	395Article 6 of this chapter; or
426	426	396 (8) Gestational or genetic surrogacy agreement: the individual’s parentage of the child is
427	427	397established under Article 7 of this chapter.
428	428	398 Section 202. NONDISCRIMINATION.
429	429	399 Every child has the same rights under law as any other child without regard to the marital
430	430	400status or gender of the parents or the circumstances of the birth of the child.
431	431	401 Section 203. CONSEQUENCES OF ESTABLISHING PARENTAGE. Unless parental
432	432	402rights have been terminated or an exception has been stated explicitly in this chapter, a parent-
433	433	403child relationship established under this chapter applies for all purposes, including the rights and
434	434	404duties of parentage.
435	435	405 Section 204. FULL FAITH AND CREDIT.
436	436	406 The commonwealth shall give full faith and credit to a determination of parentage from
437	437	407another state if the determination is valid and effective in accordance with the law of the other
438	438	408state.
439	439	409 Article 3. [Reserved]
440	440	410 Article 4. [Reserved]
441	441	411 Article 5. PROCEEDING TO ADJUDICATE PARENTAGE
442	442	412 Section 501. PROCEEDING AUTHORIZED. 22 of 60
443	443	413 (a) A proceeding may be commenced to adjudicate the parentage of a child as provided
444	444	414for in this chapter. Except as otherwise provided in this chapter, the proceeding is governed by
445	445	415the Massachusetts rules of domestic relations procedure.
446	446	416 (b) A proceeding to adjudicate the parentage of a child born under a surrogacy agreement
447	447	417is governed by Article 7 of this chapter.
448	448	418 Section 502. STANDING TO MAINTAIN PROCEEDING.
449	449	419 Except as otherwise provided in sections 507 through 509, a proceeding to adjudicate
450	450	420parentage under this chapter may be maintained by:
451	451	421 (1) the child;
452	452	422 (2) the individual who gave birth to the child, unless a court has adjudicated that the
453	453	423individual is not a parent of the child;
454	454	424 (3) an individual who has an established parent-child relationship under section 201 of
455	455	425this chapter;
456	456	426 (4) an individual whose parentage of the child is to be adjudicated under this chapter;
457	457	427 (5) if the child is or was a recipient of any type of public assistance, by the IV –D agency
458	458	428as set forth in chapter 119A on behalf of the department of transitional assistance, the department
459	459	429of children and families, the division of medical assistance or any other public assistance
460	460	430program of the commonwealth;
461	461	431 (6) by the authorized agent of the department of children and families or any agency
462	462	432licensed under chapter 15D provided that the child is in their custody; or, 23 of 60
463	463	433 (7) a representative authorized by law of this state other than this chapter to act for an
464	464	434individual who otherwise would be entitled to maintain a proceeding but is deceased,
465	465	435incapacitated or a minor.
466	466	436 Section 503. NOTICE OF PROCEEDING.
467	467	437 (a) The plaintiff shall give notice of a proceeding to adjudicate parentage under Article 5
468	468	438to the following individuals:
469	469	439 (1) the individual who gave birth to the child, unless a court has adjudicated that this
470	470	440individual is not a parent of the child;
471	471	441 (2) an individual who is a parent of the child under this chapter;
472	472	442 (3) a presumed, acknowledged, or adjudicated parent of the child;
473	473	443 (4) an individual whose parentage of the child is to be adjudicated;
474	474	444 (5) the child, if the child is above the age of 14; and
475	475	445 (6) if the child is a recipient of any type of public assistance, the IV–D agency as set forth
476	476	446in chapter 119A on behalf of the department of transitional assistance, the department of children
477	477	447and families, the division of medical assistance or any other public assistance program of the
478	478	448commonwealth.
479	479	449 (b) An individual entitled to notice under subsection (a) has a right to intervene in the
480	480	450proceeding. 24 of 60
481	481	451 (c) Lack of notice required by subsection (a) does not render a judgment void. Lack of
482	482	452notice does not preclude an individual entitled to notice under subsection (a) from bringing a
483	483	453proceeding under subsection (b) of section 511.
484	484	454 (d) A donor shall not be entitled to notice.
485	485	455 Section 504. PERSONAL JURISDICTION.
486	486	456 (a) The court may adjudicate an individual’s parentage of a child only if the court has
487	487	457personal jurisdiction over the individual.
488	488	458 Section 505. VENUE.
489	489	459 Venue for a proceeding to adjudicate parentage under this chapter is in the county of this
490	490	460state in which:
491	491	461 (1) the child resides or, for the purposes of Article 6 or 7, is or will be born;
492	492	462 (2) any parent or intended parent resides;
493	493	463 (3) the defendant resides or is located if the child does not reside in this state; or
494	494	464 (4) a proceeding has been commenced for administration of the estate of an individual
495	495	465who is or may be a parent under this chapter.
496	496	466 Section 506. ADJUDICATING PARENTAGE OF CHILD WITH ALLEGED GENETIC
497	497	467PARENT.
498	498	468 A proceeding to determine whether an alleged genetic parent who is not a presumed
499	499	469parent is a parent of a child shall be commenced pursuant to chapter 209C. 25 of 60
500	500	470 Section 507. ADJUDICATING PARENTAGE OF CHILD WITH PRESUMED
501	501	471PARENT.
502	502	472 (a) A proceeding to determine whether a presumed parent is a parent of a child shall be
503	503	473commenced pursuant to chapter 209C.
504	504	474 Section 508. ADJUDICATING CLAIM OF DE FACTO PARENTAGE OF CHILD.
505	505	475 (a) A proceeding to establish parentage of a child under this section may be commenced
506	506	476only by an individual who:
507	507	477 (1) is alive when the proceeding is commenced; and
508	508	478 (2) claims to be a de facto parent of the child.
509	509	479 (b) An individual who claims to be a de facto parent of a child shall commence a
510	510	480proceeding to establish parentage of a child under this section:
511	511	481 (1) before the child attains 18 years of age; and
512	512	482 (2) while the child is alive.
513	513	483 (c) The following rules govern standing of an individual who claims to be a de facto
514	514	484parent of a child to maintain a proceeding under this section:
515	515	485 (1) The individual shall file an initial verified pleading alleging specific facts that support
516	516	486the claim to parentage of the child asserted under this section. The verified pleading must be
517	517	487served on all parents and legal guardians of the child and any other party to the proceeding. 26 of 60
518	518	488 (2) An adverse party, parent, or legal guardian may file a pleading in response to the
519	519	489pleading filed under paragraph (1). A responsive pleading must be verified and must be served
520	520	490on parties to the proceeding.
521	521	491 (3) Unless the court finds a hearing is necessary to determine disputed facts material to
522	522	492the issue of standing, the court shall determine, based on the pleadings under paragraphs (1) and
523	523	493(2), whether the individual has alleged facts sufficient to satisfy by a preponderance of the
524	524	494evidence the requirements of paragraphs (1) through (7) of subsection (d).
525	525	495 If the court holds a hearing under this subsection, the hearing shall be held on an
526	526	496expedited basis. The court may enter an interim order concerning contact between the child and
527	527	497an individual with standing seeking adjudication under this section as a de facto parent of the
528	528	498child.
529	529	499 (d) In a proceeding to adjudicate parentage of an individual who claims to be a de facto
530	530	500parent of the child, if there is only 1 other individual who is a parent or has a claim to parentage
531	531	501of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a
532	532	502parent of the child if the individual demonstrates by clear-and convincing evidence that:
533	533	503 (1) the individual resided with the child as a regular member of the child’s household for
534	534	504a significant period of time;
535	535	505 (2) the individual engaged in consistent caretaking of the child which may include
536	536	506regularly caring for the child’s needs and making day-to-day decisions regarding the child
537	537	507individually or cooperatively with another parent; 27 of 60
538	538	508 (3) the individual undertook full and permanent responsibilities of a parent of the child
539	539	509without expectation or payment of financial compensation;
540	540	510 (4) the individual held out the child as the individual’s child;
541	541	511 (5) the individual established a bonded and dependent relationship with the child, which
542	542	512is parental in nature;
543	543	513 (6) another parent of the child fostered or supported the bonded and dependent
544	544	514relationship required under paragraph (5). A parent’s consent to guardianship shall not be
545	545	515considered as evidence that a parent fostered or supported the bonded and dependent relationship
546	546	516required under (5); and
547	547	517 (7) continuing the relationship between the individual and the child is in the best interest
548	548	518of the child.
549	549	519 (e) A parent of the child may use evidence of duress, coercion, or threat of harm to
550	550	520 contest an allegation that the parent fostered or supported a bonded and dependent
551	551	521relationship as
552	552	522 provided in subsection (d)(6) of this section. Such evidence may include whether, within
553	553	523the prior ten years, the individual seeking to be adjudicated a de facto parent has been convicted
554	554	524of rape, assault with intent to commit rape, indecent assault and battery, assault or assault and
555	555	525battery on a family or household member domestic assault, of the child or a parent of the child;
556	556	526was the subject of a final abuse prevention order pursuant to Chapter 209A because the
557	557	527individual was found to have committed abuse against the child or a parent of the child; or was
558	558	528substantiated for abuse against the child or a parent. 28 of 60
559	559	529 (f) Subject to other limitations in this part, if in a proceeding to adjudicate parentage of an
560	560	530individual who claims to be a de facto parent of the child, there is more than 1 other individual
561	561	531who is a parent or has a claim to parentage of the child and the court determines that the
562	562	532requirements of subsection (d) are satisfied, the court shall adjudicate parentage under section
563	563	533511 of this chapter.
564	564	534 (g) The adjudication of an individual as a de facto parent under this section does not
565	565	535disestablish the parentage of any other parent.
566	566	536 Section 508A. ADJUDICATING PARENTAGE OF CHILD WITH ACKNOWLEDGED
567	567	537PARENT.
568	568	538 (a) If a child has an acknowledged parent, a proceeding to challenge that
569	569	539acknowledgment of parentage or a denial of parentage, brought by a signatory to the
570	570	540acknowledgment or denial, is governed by chapter 209C.
571	571	541 (b) If a child has an acknowledged parent, the following rules apply to a proceeding to
572	572	542challenge the acknowledgment of parentage or denial of parentage brought by an individual,
573	573	543other than the child, who has standing under Section 502 and was not a signatory to the
574	574	544acknowledgment or denial:
575	575	545 (i) The individual must commence the proceeding not later than one year after the
576	576	546effective date of the acknowledgment unless the individual did not know and could not have
577	577	547reasonably known of the individual’s potential parentage due to a material misrepresentation or
578	578	548concealment, in which case the proceeding shall be commenced within one year after the
579	579	549discovery of the individual’s potential parentage. 29 of 60
580	580	550 (ii) After the action is commenced, the court must first determine whether permitting the
581	581	551proceeding is in the best interests of the child.
582	582	552 (iii) If the court finds that permitting the proceeding is in the best interests of the child,
583	583	553the court shall adjudicate parentage under section 511 of this chapter.
584	584	554 Section 509. ADJUDICATING PARENTAGE OF CHILD WITH ADJUDICATED
585	585	555PARENT.
586	586	556 (a) If a child has an adjudicated parent, a proceeding to challenge the adjudication,
587	587	557brought by an individual who was a party to the adjudication or received notice, is governed by
588	588	558the rules governing a collateral attack on a judgment.
589	589	559 (b) If a child has an adjudicated parent, the following rules apply to a proceeding to
590	590	560challenge the adjudication of parentage brought by an individual, other than the child, who has
591	591	561standing under section 502 and was not a party to the adjudication and did not receive notice
592	592	562under section 503:
593	593	563 (1) the individual must commence the proceeding not later than 2 years after the effective
594	594	564date of the adjudication;
595	595	565 (2) after the action is commenced, the court must first determine whether permitting the
596	596	566proceeding is in the best interest of the child; and
597	597	567 (3) if the court finds that permitting the proceeding is in the best interests of the child, the
598	598	568court shall adjudicate parentage under section 511 of this chapter.
599	599	569 Section 510. ADJUDICATING PARENTAGE OF CHILD OF ASSISTED
600	600	570REPRODUCTION. 30 of 60
601	601	571 (a) An individual who is a parent under Article 6 of this chapter or the individual who
602	602	572gave birth to the child may bring a proceeding to adjudicate parentage. If the court determines
603	603	573the individual is a parent under Article 6, the court shall adjudicate the individual to be a parent
604	604	574of the child.
605	605	575 (b) In a proceeding to adjudicate an individual’s parentage of a child, if another
606	606	576individual other than the person who gave birth to the child is a parent under Article 6, the court
607	607	577shall adjudicate the individual’s parentage of a child under section 511 of this chapter.
608	608	578 Section 511. ADJUDICATING COMPETING CLAIMS OF PARENTAGE.
609	609	579 (a) In a proceeding to adjudicate competing claims of, or challenges under this article or
610	610	580chapter 209C to, parentage of a child by 2 or more individuals, the court shall adjudicate
611	611	581parentage in the best interest of the child, based on:
612	612	582 (1) the age of the child;
613	613	583 (2) the length of time during which each individual assumed the role of parent of the
614	614	584child;
615	615	585 (3) the nature of the relationship between the child and each individual;
616	616	586 (4) the harm to the child if the relationship between the child and each individual is not
617	617	587recognized;
618	618	588 (5) the basis for each individual’s claim to parentage of the child; and
619	619	589 (6) other equitable factors arising from the disruption of the relationship between the
620	620	590child and each individual or the likelihood of other harm to the child. 31 of 60
621	621	591 (b) If an individual challenges parentage based on the results of genetic testing, in
622	622	592addition to the factors listed in subsection (a), the court shall consider:
623	623	593 (1) the facts surrounding the discovery that the individual might not be a genetic parent of
624	624	594the child; and
625	625	595 (2) the length of time between the time that the individual was placed on notice that the
626	626	596individual might not be a genetic parent and the commencement of the proceeding.
627	627	597 (c) The court may adjudicate a child to have more than 2 parents under this chapter if the
628	628	598court finds that it is in the best interests of the child to do so. A finding of best interests of the
629	629	599child under this subsection does not require a finding of unfitness of any parent or person seeking
630	630	600an adjudication of parentage.
631	631	601 Section 512. TEMPORARY ORDER.
632	632	602 (a) In a proceeding under this article, the court may issue a temporary order for child
633	633	603support if the order is consistent with law of this state other than this chapter and the individual
634	634	604ordered to pay support is:
635	635	605 (1) a presumed parent of the child;
636	636	606 (2) petitioning to be adjudicated a parent;
637	637	607 (3) identified as a genetic parent through genetic testing pursuant to this chapter or
638	638	608chapter 209C;
639	639	609 (4) an alleged genetic parent who has declined to submit to genetic testing pursuant to
640	640	610this chapter or chapter 209C; 32 of 60
641	641	611 (5) shown by a preponderance of evidence to be a parent of the child; or
642	642	612 (6) a parent under this chapter.
643	643	613 (b) A temporary order may include a provision for custody, parenting time, and visitation
644	644	614under law of this state other than this chapter.
645	645	615 (c) If the child on whose behalf an order of support is sought is a recipient of benefits
646	646	616pursuant to chapter 117, 118 or 119 and the department of transitional assistance, the department
647	647	617of children and families, the division of medical assistance or any other public assistance
648	648	618program has not been made a party, the court shall notify the IV-D agency of the order or
649	649	619judgment of support. Each judgment or order of support which is issued pursuant to this chapter
650	650	620shall conform to and shall be enforced in accordance with the provisions of chapter one hundred
651	651	621and nineteen A.
652	652	622 Section 513. CONSOLIDATING PROCEEDINGS.
653	653	623 (a) Except as otherwise provided in subsection (b) and consistent with the jurisdiction of
654	654	624the court under the law of this state other than this chapter, the court may combine a proceeding
655	655	625to adjudicate parentage under this chapter with a proceeding for adoption, termination of parental
656	656	626rights, care and protection, child custody or parenting time or visitation, guardianship, child
657	657	627support, divorce, annulment, separate support, administration of an estate or other appropriate
658	658	628proceeding.
659	659	629 (b) A defendant may not combine a proceeding described in subsection (a) with a
660	660	630proceeding to adjudicate parentage brought under chapter 209D, the Uniform Interstate Family
661	661	631Support Act. 33 of 60
662	662	632 Section 514. PROCEEDING BEFORE BIRTH.
663	663	633 Except as otherwise provided in Article 6 and Article 7 of this chapter, a proceeding to
664	664	634adjudicate parentage may be commenced before the birth of the child and an order or judgment
665	665	635may be entered before birth, but enforcement of the order or judgment of parentage must be
666	666	636stayed until the birth of the child.
667	667	637 Section 515. COURT TO ADJUDICATE PARENTAGE.
668	668	638 The court shall adjudicate parentage of a child without a jury.
669	669	639 Section 516. HEARING; INSPECTION OF RECORDS.
670	670	640 (a) On request of a party, the court may close a proceeding under this article to the
671	671	641general public.
672	672	642 (b) All complaints, pleadings, papers or documents filed pursuant to this article, including
673	673	643docket entries, shall not be available for inspection, unless a judge of probate and family court of
674	674	644the county where such records are kept, for good cause shown, shall otherwise order or unless
675	675	645requested by the child or the parties. All such complaints, pleadings, papers or documents shall
676	676	646be segregated.
677	677	647 Section 517. DISMISSAL FOR WANT OF PROSECUTION.
678	678	648 The court may dismiss a proceeding under this chapter for want of prosecution only
679	679	649without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is
680	680	650void and has only the effect of a dismissal without prejudice.
681	681	651 Section 518. ORDER ADJUDICATING PARENTAGE. 34 of 60
682	682	652 (a) In a proceeding under this article, the court shall issue a final judgment adjudicating
683	683	653whether a person alleged or claiming to be a parent is the parent of a child.
684	684	654 (b) A final judgment under subsection (a) shall identify the child by name and date of
685	685	655birth.
686	686	656 (c) On request of a party and consistent with law of this state other than this chapter, the
687	687	657court in a proceeding under this article may order the name of the child changed.
688	688	658 (d) If the final judgment under subsection (a) is at variance with the child’s birth
689	689	659certificate, the court shall order the department of public health to issue an amended birth
690	690	660certificate.
691	691	661 Section 519. BINDING EFFECT OF DETERMINATION OF PARENTAGE.
692	692	662 (a) Except as otherwise provided herein:
693	693	663 (1) a signatory to an acknowledgment of parentage or denial of parentage is bound by the
694	694	664acknowledgment and denial as provided in chapter 209C; and
695	695	665 (2) a party to an adjudication of parentage by a court acting under circumstances that
696	696	666satisfy the jurisdiction requirements of section 2-201 of chapter 209D and any individual who
697	697	667received notice of the proceeding are bound by the adjudication.
698	698	668 (b) A child is not bound by a determination of parentage under this chapter unless: (1) the
699	699	669determination as based on an unrescinded acknowledgement of parentage and the
700	700	670acknowledgment is consistent with the results of genetic testing; (2) the determination was based
701	701	671on a finding consistent with the results of genetic testing and the consistency is declared in the 35 of 60
702	702	672determination or otherwise shown; (3) the determination of parentage was made under Article 6
703	703	673or 7; or
704	704	674 (4) the child was a party or was represented by an attorney, guardian ad litem or similar
705	705	675individual in the proceeding.
706	706	676 (c) In a proceeding for divorce or annulment, the court is deemed to have made an
707	707	677adjudication of parentage of a child if the court acts under circumstances that satisfy the
708	708	678jurisdiction requirements of section 2-201 of chapter 209D, and the final order:
709	709	679 (1) expressly identifies the child as a “child of the marriage” or “issue of the marriage” or
710	710	680includes similar words indicating that both spouses are parents of the child; or
711	711	681 (2) provides for support of the child by a spouse unless that spouse’s parentage is
712	712	682disclaimed specifically in the order.
713	713	683 (d) Except as otherwise provided in subsection (b) or section 509, a determination of
714	714	684parentage may be asserted as a defense in a subsequent proceeding seeking to adjudicate
715	715	685parentage of an individual who was not a party to the earlier proceeding.
716	716	686 (e) A party to an adjudication of parentage may challenge the adjudication only under law
717	717	687of this state other than this chapter relating to appeal, vacation of judgment or other judicial
718	718	688review.
719	719	689 Article 6. ASSISTED REPRODUCTION
720	720	690 Section 601. SCOPE OF ARTICLE. 36 of 60
721	721	691 This article shall not apply to the birth of a child conceived by sexual intercourse or
722	722	692assisted reproduction by surrogacy agreement under Article 7.
723	723	693 Section 602. PARENTAL STATUS OF DONOR.
724	724	694 A donor is not a parent of a child conceived through assisted reproduction by virtue of the
725	725	695donor’s genetic connection.
726	726	696 Section 603. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
727	727	697 An individual who consents under section 604 to assisted reproduction by a person with
728	728	698the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child.
729	729	699 Section 604. CONSENT TO ASSISTED REPRODUCTION.
730	730	700 (a) Except as otherwise provided in subsection (b), the consent described in section 603
731	731	701must be in a record signed by the individual giving birth to a child conceived by assisted
732	732	702reproduction and an individual who intends to be a parent of the child.
733	733	703 (b) Failure to consent in a record as provided by subsection (a), before, on or after birth
734	734	704of the child, does not preclude the court from finding consent to parentage if the court finds by a
735	735	705preponderance of the evidence that:
736	736	706 (1) prior to conception or birth of the child, both parties agreed that they would be parents
737	737	707of the child; or
738	738	708 (2) the individual who seeks to be a parent of the child voluntarily participated in and
739	739	709consented to the assisted reproduction that resulted in the conception of the child.
740	740	710 Section 605. LIMITATION ON SPOUSE’S DISPUTE OF PARENTAGE. 37 of 60
741	741	711 (a) Except as otherwise provided in subsection (b), an individual who, at the time of a
742	742	712child’s birth, is the spouse of the person who gave birth to the child by assisted reproduction may
743	743	713not challenge the individual’s parentage of the child unless:
744	744	714 (1) not later than 2 years after the birth of the child, the spouse commences a proceeding
745	745	715to adjudicate their own parentage of the child; and
746	746	716 (2) the court finds the spouse did not consent to the assisted reproduction, before, on or
747	747	717after birth of the child, or withdrew consent under section 607.
748	748	718 (b) A proceeding by a spouse to challenge that their own parentage of a child born by
749	749	719assisted reproduction may be commenced at any time if the court determines:
750	750	720 (1) the spouse neither provided a gamete for, nor consented to, the assisted reproduction;
751	751	721 (2) the spouse and the person who gave birth to the child have not cohabited since the
752	752	722probable time of assisted reproduction; and
753	753	723 (3) the spouse never openly held out the child as their child.
754	754	724 (c) This section applies to a spouse’s dispute of parentage even if the spouse’s marriage is
755	755	725declared invalid after assisted reproduction occurs.
756	756	726 (d) The person giving birth shall not challenge a spouse’s parentage under this section.
757	757	727 Section 606. EFFECT OF CERTAIN LEGAL PROCEEDINGS REGARDING
758	758	728MARRIAGE.
759	759	729 If a marriage of a person who gives birth to a child conceived by assisted reproduction is
760	760	730terminated through divorce or annulment before transfer or implantation of gametes or embryos 38 of 60
761	761	731to the person giving birth, a former spouse of the person giving birth is not a parent of the child
762	762	732unless the former spouse consented in a record that the former spouse would be a parent of the
763	763	733child if assisted reproduction were to occur after a divorce or annulment, and the former spouse
764	764	734did not withdraw consent under section 607.
765	765	735 Section 607. WITHDRAWAL OF CONSENT.
766	766	736 (a) An individual who consents under section 604 to assisted reproduction may withdraw
767	767	737consent any time before a transfer or implantation of gametes or embryos that results in a
768	768	738pregnancy, by giving notice in a record of the withdrawal of consent to the person who agreed to
769	769	739give birth to a child conceived by assisted reproduction and to any clinic or health-care provider
770	770	740who may be facilitating the assisted reproduction. Failure to give notice to the clinic or health-
771	771	741care provider does not affect a determination of parentage under this chapter.
772	772	742 (b) An individual who withdraws consent under subsection (a) is not a parent of the child
773	773	743under this article.
774	774	744 Section 608. PARENTAL STATUS OF DECEASED INDIVIDUAL.
775	775	745 (a) If an individual who intends to be a parent of a child conceived by assisted
776	776	746reproduction dies during the period between the transfer or implantation of a gamete or embryo
777	777	747and the birth of the child, the individual’s death does not preclude the establishment of the
778	778	748individual’s parentage of the child if the individual otherwise would be a parent of the child
779	779	749under this chapter. 39 of 60
780	780	750 (b) If an individual who consented in a record to assisted reproduction by a person who
781	781	751agreed to give birth to a child dies before a transfer or implantation of gametes or embryos, the
782	782	752deceased individual is a parent of a child conceived by the assisted reproduction only if:
783	783	753 (1) either:
784	784	754 (A) the individual consented in a record that if assisted reproduction were to occur after
785	785	755the death of the individual, the individual would be a parent of the child; or
786	786	756 (B) the individual’s intent to be a parent of a child conceived by assisted reproduction
787	787	757after the individual’s death is established by a preponderance of the evidence; and
788	788	758 (2) either:
789	789	759 (A) the embryo is in utero not later than 36 months after the individual’s death; or
790	790	760 (B) the child is born not later than 45 months after the individual’s death.
791	791	761 Section 609. LABORATORY ERROR.
792	792	762 If due to a laboratory error the child is not genetically related to either the intended parent
793	793	763or parents or any donor who donated to the intended parent or parents, the intended parent or
794	794	764parents are the parents of the child unless otherwise determined by the court.
795	795	765 Section 610. LIMITATIONS ON GENETIC TESTING.
796	796	766 Genetic testing, including genetic marker testing pursuant to section 11 of chapter 209C,
797	797	767shall not be used: (1) to challenge the parentage of an individual who is a parent under this
798	798	768Article; or (2) to establish the parentage of an individual who is a donor. 40 of 60
799	799	769 Section 611. PARENTAGE JUDGMENTS OF CHILDREN BORN OF ASSISTED
800	800	770REPRODUCTION.
801	801	771 (a)A party consenting to assisted reproduction, an individual who is a parent pursuant to
802	802	772sections 603 and 604 of this chapter, an intended parent or parents or the individual giving birth
803	803	773may commence a proceeding to obtain an order:
804	804	774 (1) Declaring that the intended parent or parents are the parent or parents of the resulting
805	805	775child immediately upon birth of the child and ordering that parental rights and responsibilities
806	806	776vest exclusively in the intended parent or parents immediately upon birth of the child; and
807	807	777 (2) Designating the contents of the birth certificate and directing the department of public
808	808	778health to designate the intended parent or parents as the parent or parents of the resulting child.
809	809	779 (b) A proceeding under this section may be commenced before or after the date of birth
810	810	780of the child, though an order issued before the birth of the resulting child does not take effect
811	811	781unless and until the birth of the resulting child. Nothing in this subsection shall be construed to
812	812	782limit the court’s authority to issue other orders under any other provision of the general laws.
813	813	783 (c)Neither the state, the department of public health nor the hospital where the child is or
814	814	784expected to be born shall be a necessary party to a proceeding under this section.
815	815	785 Section 612. INSPECTION OF DOCUMENTS.
816	816	786 All complaints, pleadings, papers or documents filed pursuant to this section, including
817	817	787docket entries, shall not be available for inspection, unless a judge of probate and family court of
818	818	788the county where such records are kept, for good cause shown, shall otherwise order or unless 41 of 60
819	819	789requested by the resulting child or a party. All such complaints, pleadings, papers or documents
820	820	790shall be segregated.
821	821	791 Article 7. PARENTAGE BY SURROGACY AGREEMENT
822	822	792 PART 1 GENERAL REQUIREMENTS
823	823	793 Section 701. DEFINITIONS.
824	824	794 In this article the following terms shall, unless the context clearly requires otherwise,
825	825	795have the following meanings:
826	826	796 “Genetic surrogate”, an individual who is at least 21 years of age, is not an intended
827	827	797parent and who agrees to become pregnant through assisted reproduction using the individual’s
828	828	798own gamete, under a genetic surrogacy agreement as provided in this article.
829	829	799 “Gestational surrogate”, an individual who is at least 21 years of age, is not an intended
830	830	800parent and who agrees to become pregnant through assisted reproduction using gametes that are
831	831	801not the individual’s own, under a gestational surrogacy agreement as provided in this article.
832	832	802 “Surrogacy agreement”, an agreement between 1 or more intended parents and an
833	833	803individual who is not an intended parent in which the person agrees to become pregnant through
834	834	804assisted reproduction and which provides that each intended parent is a parent of a child
835	835	805conceived under the agreement. Unless otherwise specified, surrogacy agreement refers to both a
836	836	806gestational surrogacy agreement and a genetic surrogacy agreement.
837	837	807 Section 702. ELIGIBILITY TO ENTER GESTATIONAL OR GENETIC SURROGACY
838	838	808AGREEMENT. 42 of 60
839	839	809 (a) To execute an agreement to act as a gestational or genetic surrogate, an individual
840	840	810shall:
841	841	811 (1) be at least 21 years of age;
842	842	812 (2) previously have given birth to at least 1 child;
843	843	813 (3) complete a medical evaluation related to the surrogacy arrangement by a licensed
844	844	814medical doctor;
845	845	815 (4) complete a mental-health consultation by a licensed mental health professional; and
846	846	816 (5) have independent legal representation of the person’s choice throughout the surrogacy
847	847	817agreement regarding the terms of the surrogacy agreement and the potential legal consequences
848	848	818of the agreement and that is paid for by the intended parent or parents.
849	849	819 (b) To execute a surrogacy agreement, each intended parent, whether or not genetically
850	850	820related to the child, shall:
851	851	821 (1) be at least 21 years of age;
852	852	822 (2) complete a mental-health consultation by a licensed mental health professional; and
853	853	823 (3) have independent legal representation of the intended parent’s choice throughout the
854	854	824surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal
855	855	825consequences of the agreement.
856	856	826 Section 703. REQUIREMENTS OF GESTATIONAL OR GENETIC SURROGACY
857	857	827AGREEMENT: PROCESS. 43 of 60
858	858	828 A surrogacy agreement shall be executed in compliance with the following rules:
859	859	829 (1) At least 1 party shall be a resident of this state or, if no party is a resident of this state,
860	860	830at least 1 medical evaluation or procedure or mental-health consultation under the agreement
861	861	831shall occur in this state, or the birth is anticipated to or does occur in this state.
862	862	832 (2) An individual acting as a surrogate and each intended parent shall meet the
863	863	833requirements of section 702.
864	864	834 (3) Each intended parent, the individual acting as surrogate, and spouse, if any, of the
865	865	835individual acting as surrogate shall be parties to the agreement.
866	866	836 (4) The agreement shall be in a record signed by each party listed in paragraph (3).
867	867	837 (5) The surrogate and each intended parent shall receive a copy of the agreement.
868	868	838 (6) The signature of each party to the agreement shall be attested by a notary or
869	869	839witnessed.
870	870	840 (7) The individual acting as surrogate and, if married, the spouse of the individual acting
871	871	841as surrogate and the intended parent or parents shall have independent legal representation
872	872	842throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the
873	873	843potential legal consequences of the agreement paid for by the intended parent or parents, and
874	874	844each counsel shall be identified in the surrogacy agreement. A single attorney for the individual
875	875	845acting as surrogate and the individual’s spouse, if married, and a single attorney for the intended
876	876	846parents is sufficient to meet this requirement, provided the representation otherwise conforms to
877	877	847the Rules of Professional Conduct. 44 of 60
878	878	848 (8) The intended parent or parents shall pay for independent legal representation for the
879	879	849individual acting as surrogate and the individual’s spouse, if any.
880	880	850 (9) The agreement shall be executed before a medical procedure occurs related to
881	881	851attempting to achieve a pregnancy in the individual acting as surrogate, other than the medical
882	882	852evaluation and mental health consultation required by section 702.
883	883	853 Section 704. REQUIREMENTS OF GESTATIONAL OR GENETIC SURROGACY
884	884	854AGREEMENT: CONTENT.
885	885	855 (a) A surrogacy agreement shall comply with the following requirements:
886	886	856 (1) An individual acting as surrogate agrees to attempt to become pregnant by means of
887	887	857assisted reproduction.
888	888	858 (2) Except as otherwise provided in sections 711, 715, and 716, the individual acting as
889	889	859surrogate and the surrogate’s spouse or former spouse, if any, have no claim to parentage of a
890	890	860child conceived by assisted reproduction under the surrogacy agreement.
891	891	861 (3) The surrogate’s spouse, if any, shall acknowledge and agree to comply with the
892	892	862obligations imposed on the individual acting as surrogate by the surrogacy agreement.
893	893	863 (4) Except as otherwise provided in sections709, 712, , 715, and 716, the intended parent
894	894	864or, if there are 2 intended parents, each one jointly and severally, immediately on birth of the
895	895	865child shall be the exclusive parent or parents of the child, regardless of the number of children
896	896	866born or gender or mental or physical condition of each child.
897	897	867 (5) Except as otherwise provided in sections 709, 712, 715, and 716, the intended parent
898	898	868or, if there are 2 intended parents, each parent jointly and severally, immediately on birth of the 45 of 60
899	899	869child shall assume responsibility for the financial support of the child, regardless of the number
900	900	870of children born or the gender or mental or physical condition of each child.
901	901	871 (6) The surrogacy agreement shall include information providing that the intended parent
902	902	872or parents shall be responsible for the surrogacy-related expenses, including medical expenses, of
903	903	873the individual acting as surrogate and the medical expenses of the child.
904	904	874 (7) The intended parent or parents are liable for the surrogacy-related expenses of the
905	905	875person acting as surrogate, including expenses for health care provided for assisted reproduction,
906	906	876prenatal care, labor and delivery and for the medical expenses of the resulting child that are not
907	907	877paid by insurance. This subdivision shall not be construed to supplant any health insurance
908	908	878coverage that is otherwise available to the individual acting as surrogate or an intended parent for
909	909	879the coverage of health care costs. This subdivision shall not change the health insurance
910	910	880coverage of the individual acting as surrogate or the responsibility of the insurance company to
911	911	881pay benefits under a policy that covers a individual acting as surrogate.
912	912	882 (8) The surrogacy agreement shall not infringe on the rights of the individual acting as
913	913	883surrogate to make all health and welfare decisions regarding the person, the person's body and
914	914	884the person's pregnancy throughout the duration of the surrogacy arrangement, including during
915	915	885attempts to become pregnant, pregnancy, delivery and post-partum. The agreement shall not
916	916	886infringe upon the right of the individual acting as surrogate to autonomy in medical decision
917	917	887making by, including, but not limited to, requiring the individual acting as surrogate to undergo a
918	918	888scheduled, nonmedically indicated caesarean section or to undergo multiple embryo transfer.
919	919	889Except as otherwise provided by law, any written or oral agreement purporting to waive or limit
920	920	890the rights described in this subdivision are void as against public policy. 46 of 60
921	921	891 (9) The surrogacy agreement shall include information about each party’s right under this
922	922	892article to terminate the surrogacy agreement.
923	923	893 (b) A surrogacy agreement may provide for:
924	924	894 (1) payment of consideration and reasonable expenses; and
925	925	895 (2) reimbursement of specific expenses if the agreement is terminated under this article.
926	926	896 (c) A right created under a surrogacy agreement is not assignable and there is no third-
927	927	897party beneficiary of the agreement other than the child.
928	928	898 Section 705. SURROGACY AGREEMENT: EFFECT OF SUBSEQUENT CHANGE
929	929	899OF MARITAL STATUS.
930	930	900 (a) Unless a surrogacy agreement expressly provides otherwise:
931	931	901 (1) the marriage of an individual acting as surrogate after the surrogacy agreement is
932	932	902signed by all parties shall not affect the validity of the agreement, the spouse’s consent to the
933	933	903surrogacy agreement is not required and the surrogate’s spouse is not a presumed parent of a
934	934	904child conceived by assisted reproduction under the surrogacy agreement; and
935	935	905 (2) the divorce or annulment of the individual acting as surrogate after the surrogacy
936	936	906agreement is signed by all parties shall not affect the validity of the surrogacy agreement.
937	937	907 (b) Unless a surrogacy agreement expressly provides otherwise:
938	938	908 (1) the marriage of an intended parent after the agreement is signed by all parties shall not
939	939	909affect the validity of a surrogacy agreement, the consent of the spouse of the intended parent is 47 of 60
940	940	910not required, and the spouse of the intended parent is not, based on the surrogacy agreement, a
941	941	911parent of a child conceived by assisted reproduction under the surrogacy agreement; and
942	942	912 (2) the divorce or annulment of an intended parent after the surrogacy agreement is
943	943	913signed by all parties shall not affect the validity of the surrogacy agreement and the intended
944	944	914parents are the parents of the child.
945	945	915 Section 706. INSPECTION OF DOCUMENTS.
946	946	916 All complaints, pleadings, papers or documents filed pursuant to this section, including
947	947	917docket entries, shall not be available for inspection, unless a judge of probate and family court of
948	948	918the county where such records are kept, for good cause shown, shall otherwise order or unless
949	949	919requested by the child resulting from the surrogacy agreement or by a party to the surrogacy
950	950	920agreement. All such complaints, pleadings, papers or documents shall be segregated.
951	951	921 Section 707. EXCLUSIVE, CONTINUING JURISDICTION.
952	952	922 During the period after the execution of a surrogacy agreement until 90 days after the
953	953	923birth of a child conceived by assisted reproduction under the surrogacy agreement, a court of this
954	954	924state conducting a proceeding under this chapter has exclusive, continuing jurisdiction over all
955	955	925matters arising out of the agreement. This section does not give the court jurisdiction over a child
956	956	926custody or child support proceeding if jurisdiction is not otherwise authorized by the law of this
957	957	927state other than this chapter.
958	958	928 PART 2. SPECIAL RULES FOR GESTATIONAL SURROGACY AGREEMENT
959	959	929 Section 708. TERMINATION OF GESTATIONAL SURROGACY AGREEMENT. 48 of 60
960	960	930 (a) A party to a gestational surrogacy agreement may terminate the agreement, at any
961	961	931time before an embryo transfer, by giving notice of termination in a record to all other parties. If
962	962	932an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any
963	963	933time before a subsequent embryo transfer.
964	964	934 (b) Unless a gestational surrogacy agreement provides otherwise, on termination of the
965	965	935agreement under subsection (a), the parties are released from the agreement, except that each
966	966	936intended parent remains responsible for expenses that are reimbursable under the agreement and
967	967	937incurred by the individual acting as gestational surrogate through the date of termination.
968	968	938 (c) Except in a case involving fraud, neither an individual acting as gestational surrogate
969	969	939nor the surrogate’s spouse or former spouse, if any, is liable to the intended parent or parents for
970	970	940a penalty or liquidated damages, for terminating a gestational surrogacy agreement under this
971	971	941section.
972	972	942 Section 709. PARENTAGE UNDER GESTATIONAL SURROGACY AGREEMENT.
973	973	943 (a) Except as otherwise provided in subsection (c) or section 710(b) or 712, on birth of a
974	974	944child conceived by assisted reproduction under a gestational surrogacy agreement, each intended
975	975	945parent is, by operation of law, a parent of the child. Parental rights shall vest exclusively in the
976	976	946intended parent or parents immediately upon birth of the resulting child.
977	977	947 (b) Except as otherwise provided in subsection (c) or section 712, neither an individual
978	978	948acting as gestational surrogate nor the surrogate’s spouse or former spouse, if any, is a parent of
979	979	949the child. 49 of 60
980	980	950 (c) If a child is alleged to be a genetic child of the individual who agreed to be a
981	981	951gestational surrogate, the court shall, upon finding sufficient evidence, order genetic testing of
982	982	952the child. If the child is a genetic child of the individual who agreed to be a gestational surrogate,
983	983	953parentage shall be determined based on Articles 1 through 5 of this chapter.
984	984	954 (d) Except as otherwise provided in subsection (c) or subsection (b) of section 710 or
985	985	955section 712, if, due to a clinical or laboratory error, a child conceived by assisted reproduction
986	986	956under a gestational surrogacy agreement is not genetically related to an intended parent or a
987	987	957donor who donated to the intended parent or parents, each intended parent, and not the individual
988	988	958acting as gestational surrogate and the surrogate’s spouse or former spouse, if any, is a parent of
989	989	959the child.
990	990	960 Section 710. GESTATIONAL SURROGACY AGREEMENT: PARENTAGE OF
991	991	961DECEASED INTENDED PARENT.
992	992	962 (a) Section 709 applies to an intended parent even if the intended parent died during the
993	993	963period between the transfer of a gamete or embryo and the birth of the child.
994	994	964 (b) Except as otherwise provided in section 712, an intended parent is not a parent of a
995	995	965child conceived by assisted reproduction under a gestational surrogacy agreement if the intended
996	996	966parent dies before the transfer of a gamete or embryo unless:
997	997	967 (1) the surrogacy agreement provides otherwise; and
998	998	968 (2) the transfer of a gamete or embryo occurs not later than 36 months after the death of
999	999	969the intended parent or birth of the child occurs not later than 45 months after the death of the
1000	1000	970intended parent. 50 of 60
1001	1001	971 Section 711. GESTATIONAL SURROGACY AGREEMENT: ORDER OR
1002	1002	972JUDGMENT OF PARENTAGE.
1003	1003	973 (a) Except as otherwise provided in subsection (c) of section 709 or section 712, before,
1004	1004	974on or after the birth of a child conceived by assisted reproduction under a gestational surrogacy
1005	1005	975agreement, any party to the agreement may commence a proceeding in the probate and family
1006	1006	976court in the county where the intended parents(s) reside, where the individual acting as a
1007	1007	977gestational surrogate resides or where the resulting child is born or expected to be born for an
1008	1008	978order or judgment of parentage:
1009	1009	979 (1) declaring that each intended parent is a parent of the child and ordering that parental
1010	1010	980rights and duties vest immediately on the birth of the child exclusively in each intended parent;
1011	1011	981 (2) declaring that the individual acting as gestational surrogate and the surrogate’s spouse
1012	1012	982or former spouse, if any, are not the parents of the child;
1013	1013	983 (3) designating the content of the birth record in accordance with chapter 46 and directing
1014	1014	984the department of public health to designate each intended parent as a parent of the child;
1015	1015	985 (4) to protect the privacy of the child and the parties, declaring that the court record and
1016	1016	986related pleadings shall be impounded in accordance with section 706;
1017	1017	987 (5) if necessary, that the child be surrendered to the intended parent or parents;
1018	1018	988 (6) if necessary, that the hospital where the child will be or has been born, treat the
1019	1019	989intended parent(s) as the sole legal parent(s) for the purpose of naming and medical decisions;
1020	1020	990and
1021	1021	991 (7) for other relief the court determines necessary and proper. 51 of 60
1022	1022	992 (b) The court may issue an order or judgment under subsection (a) before or after the
1023	1023	993birth of the child, as requested by the parties.
1024	1024	994 (c) Neither this state or the department of public health nor any town clerk nor the
1025	1025	995hospital where the child is to be born is a necessary party to a proceeding under subsection (a).
1026	1026	996Any party to the surrogacy agreement not joining in the action shall be provided with notice of
1027	1027	997the proceeding.
1028	1028	998 (d) A complaint under this section shall be supported by the following: (i) sworn
1029	1029	999affidavits of the parties to the surrogacy agreement and the assisted reproductive physician
1030	1030	1000demonstrating the intent of the parties for the intended parent or parents to be the sole legal
1031	1031	1001parent or parents of the child and that the child was born pursuant to assisted reproduction and
1032	1032	1002(ii) certifications from the attorneys representing the intended parent(s) and the individual acting
1033	1033	1003as gestational surrogate that the requirements of sections 702, 703 and 704 have been met. A
1034	1034	1004complaint supported by such affidavits and certifications shall be sufficient to establish
1035	1035	1005parentage, and a hearing shall not be required unless the court requires additional information
1036	1036	1006which cannot reasonably be ascertained without a hearing.
1037	1037	1007 (e) Where a complaint satisfies subsection (d), a court shall, within 30 days of the filing
1038	1038	1008of the complaint, issue an order or judgment of parentage. Such parentage orders or judgments
1039	1039	1009issued under this section shall conclusively establish or affirm, where applicable, the parent-child
1040	1040	1010relationship.
1041	1041	1011 (f) In the event the certification required by subsection (d) of this section cannot be made
1042	1042	1012because of a technical or nonmaterial deviation from the requirements of sections 702, 703 and
1043	1043	1013704 of this chapter, the court may nevertheless enforce the agreement and issue a judgment of 52 of 60
1044	1044	1014parentage if the court determines the agreement is in substantial compliance with the
1045	1045	1015requirements of said sections.
1046	1046	1016 Section 712. EFFECT OF GESTATIONAL SURROGACY AGREEMENT.
1047	1047	1017 (a) A gestational surrogacy agreement that substantially complies with sections 702, 703
1048	1048	1018and 704 is enforceable.
1049	1049	1019 (b) If a child was conceived by assisted reproduction under a gestational surrogacy
1050	1050	1020agreement that does not substantially comply with sections 702, 703 and 704, the court shall
1051	1051	1021determine the rights and duties of the parties to the agreement consistent with the intent of the
1052	1052	1022parties at the time of execution of the agreement. Each party to the agreement and any individual
1053	1053	1023who at the time of the execution of the agreement was a spouse of a party to the agreement has
1054	1054	1024standing to maintain a proceeding to adjudicate an issue related to the enforcement of the
1055	1055	1025agreement.
1056	1056	1026 (c) Except as expressly provided in a gestational surrogacy agreement or subsection (d)
1057	1057	1027or (e) of this section, if the agreement is breached by the individual acting as gestational
1058	1058	1028surrogate or 1 or more intended parents, the non-breaching party is entitled to the remedies
1059	1059	1029available at law or in equity.
1060	1060	1030 (d) Specific performance is not a remedy available for breach by an individual acting as
1061	1061	1031gestational surrogate of a provision in the agreement that the individual acting as gestational
1062	1062	1032surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical
1063	1063	1033procedures. 53 of 60
1064	1064	1034 (e) Except as otherwise provided in subsection (d), if an intended parent is determined to
1065	1065	1035be a parent of the child, specific performance is a remedy available for:
1066	1066	1036 (1) breach of the agreement by an individual acting as gestational surrogate which
1067	1067	1037prevents the intended parent from exercising immediately on birth of the child the full rights of
1068	1068	1038parentage; or
1069	1069	1039 (2) breach by the intended parent which prevents the intended parent’s acceptance,
1070	1070	1040immediately on birth of the child conceived by assisted reproduction under the agreement, of the
1071	1071	1041duties of parentage.
1072	1072	1042 PART 3. SPECIAL RULES FOR GENETIC SURROGACY AGREEMENT
1073	1073	1043 Section 713. REQUIREMENTS TO VALIDATE GENETIC SURROGACY
1074	1074	1044AGREEMENT.
1075	1075	1045 (a) Except as otherwise provided in section 716, to be enforceable, a genetic surrogacy
1076	1076	1046agreement shall be validated by a probate and family court. A proceeding to validate the
1077	1077	1047agreement shall be commenced before assisted reproduction related to the surrogacy agreement.
1078	1078	1048 (b) The court shall issue an order validating a genetic surrogacy agreement if the court
1079	1079	1049finds that:
1080	1080	1050 (1) sections 702, 703 and 704 of this chapter are satisfied; and
1081	1081	1051 (2) all parties entered into the agreement voluntarily and understand its terms. 54 of 60
1082	1082	1052 (c) An individual who terminates a genetic surrogacy agreement under section 714 shall
1083	1083	1053file notice of the termination with the court and parties. On receipt of the notice, the court shall
1084	1084	1054vacate any order issued under subsection (b).
1085	1085	1055 Section 714. TERMINATION OF GENETIC SURROGACY AGREEMENT.
1086	1086	1056 (a) A party to a genetic surrogacy agreement may terminate the agreement as follows:
1087	1087	1057 An intended parent or individual acting as genetic surrogate who is a party to the
1088	1088	1058agreement may terminate the agreement at any time before a gamete or embryo transfer by
1089	1089	1059giving notice of termination in a record to all other parties. If a gamete or embryo transfer does
1090	1090	1060not result in a pregnancy, a party may terminate the agreement at any time before a subsequent
1091	1091	1061gamete or embryo transfer. The notice of termination shall be attested by a notary or witnessed.
1092	1092	1062 (b) An intended parent or individual acting as genetic surrogate who terminates the
1093	1093	1063agreement after the court issues an order validating the agreement under sections 713 or 716 of
1094	1094	1064this chapter, but before the individual acting as genetic surrogate becomes pregnant by means of
1095	1095	1065assisted reproduction, shall also file notice of the termination with such court.
1096	1096	1066 (c) A person may not terminate a validated genetic surrogacy agreement if a gamete or
1097	1097	1067embryo transfer has resulted in a pregnancy.
1098	1098	1068 (d) On termination of the genetic surrogacy agreement, the parties are released from all
1099	1099	1069obligations under the agreement except that any intended parent remains responsible for all
1100	1100	1070expenses incurred by the individual acting as genetic surrogate through the date of termination
1101	1101	1071which are reimbursable under the agreement. Unless the agreement provides otherwise, the 55 of 60
1102	1102	1072individual acting as surrogate is not entitled to any non-expense related compensation paid for
1103	1103	1073acting as a surrogate.
1104	1104	1074 (e) Except in a case involving fraud, neither an individual acting as genetic surrogate nor
1105	1105	1075the surrogate’s spouse or former spouse, if any, is liable to the intended parent or parents for a
1106	1106	1076penalty or liquidated damages, for terminating a genetic surrogacy agreement under this section.
1107	1107	1077 Section 715. PARENTAGE UNDER VALIDATED GENETIC SURROGACY
1108	1108	1078AGREEMENT.
1109	1109	1079 (a) On birth of a child conceived by assisted reproduction under a genetic surrogacy
1110	1110	1080agreement validated under section 713 or 716 of this chapter, each intended parent is, by
1111	1111	1081operation of law, a parent of the resulting child.
1112	1112	1082 (b) On birth of a child conceived by assisted reproduction under a genetic surrogacy
1113	1113	1083agreement validated under section 713 or 716 of this chapter, the intended parent or parents shall
1114	1114	1084file a notice with the court that validated the agreement that a child has been born as a result of
1115	1115	1085assisted reproduction. Upon receiving such notice, the court shall immediately, or as soon as
1116	1116	1086practicable, issue an order without notice and hearing:
1117	1117	1087 (1) declaring that any intended parent or parents is a parent of a child conceived by
1118	1118	1088assisted reproduction under the agreement and ordering that parental rights and duties vest
1119	1119	1089exclusively in any intended parent;
1120	1120	1090 (2) declaring that the individual acting as genetic surrogate and the surrogate’s spouse or
1121	1121	1091former spouse, if any, are not parents of the child; 56 of 60
1122	1122	1092 (3) designating the contents of the birth certificate in accordance with chapter 46 and
1123	1123	1093directing the department of public health to designate any intended parent as a parent of the
1124	1124	1094child;
1125	1125	1095 (4) to protect the privacy of the child and the parties, declaring that the court record is not
1126	1126	1096open to inspection in accordance with section 706;
1127	1127	1097 (5) if necessary, that the child be surrendered to the intended parent or parents; and
1128	1128	1098 (6) for other relief the court determines necessary and proper.
1129	1129	1099 (c) Except as otherwise provided in subsection (d) or section 717, if, due to a clinical or
1130	1130	1100laboratory error, a child conceived by assisted reproduction under a genetic surrogacy agreement
1131	1131	1101is not genetically related to an intended parent or a donor who donated to the intended parent or
1132	1132	1102parents, each intended parent, and not the individual acting as genetic surrogate and the
1133	1133	1103surrogate’s spouse or former spouse, if any, is a parent of the child.
1134	1134	1104 (d) If a child born to an individual acting as genetic surrogate is alleged not to have been
1135	1135	1105conceived by assisted reproduction, the court may, upon finding sufficient evidence, order
1136	1136	1106genetic testing to determine the genetic parentage of the child. If the child was not conceived by
1137	1137	1107assisted reproduction and the second source of genetic material is the spouse of the individual
1138	1138	1108acting as genetic surrogate, then the surrogate and her spouse shall be found to be the parents of
1139	1139	1109the child. If the second genetic source is an individual other than the spouse of the surrogate,
1140	1140	1110then parentage shall be determined as provided in chapter 209C. However, if the second genetic
1141	1141	1111source is an intended parent, the court, in its sole discretion, may determine parentage under
1142	1142	1112Articles 1 through 5 of this chapter. Unless the genetic surrogacy agreement provides otherwise, 57 of 60
1143	1143	1113the individual acting as genetic surrogate is not entitled to any non-expense related compensation
1144	1144	1114paid for acting as a surrogate if the child was not conceived by assisted reproduction.
1145	1145	1115 (e) If an intended parent fails to file the notice required under subsection (b) of this
1146	1146	1116section, the individual acting as genetic surrogate may file with the court, not later than 60 days
1147	1147	1117after the birth of a child conceived by assisted reproduction under the agreement, notice that the
1148	1148	1118child has been born to the individual acting as genetic surrogate. On proof of a court order issued
1149	1149	1119under sections 713 or 716 of this chapter validating the agreement, the court shall order that each
1150	1150	1120intended parent is a parent of the child.
1151	1151	1121 Section 716. EFFECT OF NONVALIDATED GENETIC SURROGACY
1152	1152	1122AGREEMENT.
1153	1153	1123 (a) A genetic surrogacy agreement, whether or not in a record, that is not validated under
1154	1154	1124section 713 is enforceable only to the extent provided in this section and section 718.
1155	1155	1125 (b) If all parties agree, a court may validate a genetic surrogacy agreement after assisted
1156	1156	1126reproduction has occurred but before the birth of a child conceived by assisted reproduction
1157	1157	1127under the agreement if the court finds that:
1158	1158	1128 (1) sections 702, 703 and 704 of this chapter are satisfied; and
1159	1159	1129 (2) all parties entered into the agreement voluntarily and understand its terms.(c) If a
1160	1160	1130child conceived by assisted reproduction under a genetic surrogacy agreement that is not
1161	1161	1131validated under section 713 or subsection (b) of this section is born, the individual acting as
1162	1162	1132genetic surrogate is not automatically a parent and the court shall adjudicate parentage of the 58 of 60
1163	1163	1133child based on the best interest of the child, taking into account the factors in subsection (a) of
1164	1164	1134section 511 and the intent of the parties at the time of the execution of the agreement.
1165	1165	1135 (d) The parties to a genetic surrogacy agreement have standing to maintain a proceeding
1166	1166	1136to adjudicate parentage under this section.
1167	1167	1137 Section 717. GENETIC SURROGACY AGREEMENT: PARENTAGE OF DECEASED
1168	1168	1138INTENDED PARENT.
1169	1169	1139 (a) Except as otherwise provided in section 715 or 716, on birth of a child conceived by
1170	1170	1140assisted reproduction under a genetic surrogacy agreement, each intended parent is, by operation
1171	1171	1141of law, a parent of the child, notwithstanding the death of an intended parent during the period
1172	1172	1142between the transfer of a gamete or embryo and the birth of the child.
1173	1173	1143 (b) Except as otherwise provided in section 715 or 716, an intended parent is not a parent
1174	1174	1144of a child conceived by assisted reproduction under a genetic surrogacy agreement if the
1175	1175	1145intended parent dies before the transfer of a gamete or embryo unless:
1176	1176	1146 (1) the agreement provides otherwise; and
1177	1177	1147 (2) the transfer of the gamete or embryo occurs not later than 36 months after the death of
1178	1178	1148the intended parent, or birth of the child occurs not later than 45 months after the death of the
1179	1179	1149intended parent.
1180	1180	1150 Section 718. BREACH OF GENETIC SURROGACY AGREEMENT.
1181	1181	1151 (a) Subject to section 714(d), if a genetic surrogacy agreement is breached by an
1182	1182	1152individual acting as a genetic surrogate or 1 or more intended parents, the non-breaching party is
1183	1183	1153entitled to the remedies available at law or in equity. 59 of 60
1184	1184	1154 (b) Specific performance is not a remedy available for breach by an individual acting as
1185	1185	1155genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement
1186	1186	1156that the surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical
1187	1187	1157procedures.
1188	1188	1158 (c) Except as otherwise provided in subsection (b), specific performance is a remedy
1189	1189	1159available for:
1190	1190	1160 (1) breach of a validated genetic surrogacy agreement by an individual acting as genetic
1191	1191	1161surrogate of a requirement which prevents an intended parent from exercising, immediately upon
1192	1192	1162birth of the child, the full rights of parentage; or
1193	1193	1163 (2) breach by an intended parent which prevents the intended parent’s acceptance,
1194	1194	1164immediately upon birth of the child, of the duties of parentage.
1195	1195	1165 Article 8. MISCELLANEOUS PROVISIONS
1196	1196	1166 Section 1. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
1197	1197	1167 In applying and construing this uniform act, consideration shall be given to the need to
1198	1198	1168promote uniformity of the law with respect to its subject matter among states that enact it.
1199	1199	1169 Section 2. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND
1200	1200	1170NATIONAL COMMERCE ACT.
1201	1201	1171 This chapter modifies, limits or supersedes the Electronic Signatures in Global and
1202	1202	1172National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify limit, or supersede
1203	1203	1173Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of
1204	1204	1174the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). 60 of 60
1205	1205	1175 Section 3. Severability.
1206	1206	1176 If any provision of this chapter or its application to any individual or circumstance is held
1207	1207	1177invalid, the invalidity shall not affect other provisions or applications of this chapter which can
1208	1208	1178be given effect without the invalid provision or application and to this end the provisions of this
1209	1209	1179chapter are severable.
1210	1210	1180 Section 4. Transitional provision.
1211	1211	1181 This chapter applies to a proceeding in which no judgment has entered before the
1212	1212	1182effective date of this act with respect to an individual’s parentage that has not already been
1213	1213	1183adjudicated by a court of competent jurisdiction or determined by operation of law.
1214	1214	1184 SECTION 55. This act shall take effect 1 year after its enactment.