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