Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4970 Compare Versions

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1	1	HOUSE . . . . . . . . . . . . . . No. 4970
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	The committee of conference on the disagreeing votes of the two branches with reference
5	5	to the Senate amendment (striking out all after the enacting clause and inserting in place thereof
6	6	the text contained in Senate document numbered 2912) of the House Bill to ensure legal
7	7	parentage equality (House, No. 4750), reports recommending passage of the accompanying bill
8	8	(House, No. 4970). August 1, 2024.
9	9	Michael S. DayJulian CyrKate HoganWilliam N. BrownsbergerHannah KaneBruce E. Tarr 1 of 42
10	10	FILED ON: 8/1/2024
11	11	HOUSE . . . . . . . . . . . . . . . No. 4970
12	12	The Commonwealth of Massachusetts
13	13	_______________
14	14	In the One Hundred and Ninety-Third General Court
15	15	(2023-2024)
16	16	_______________
17	17	An Act to ensure legal parentage equality.
18	18	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
19	19	of the same, as follows:
20	20	1 SECTION 1. Section 1 of chapter 46 of the General Laws, as appearing in the 2022
21	21	2Official Edition, is hereby amended by striking out the second paragraph and inserting in place
22	22	3thereof the following paragraph:-
23	23	4 In the record of births, name, date of birth, place of birth and sex of child; legal names,
24	24	5dates of birth, residences, places of birth and surname at birth or adoption of the parent or
25	25	6parents. In the record of birth of a child born to parents not married to each other, the name of
26	26	7and other facts relating to the other parent or parents shall not be recorded except as provided in
27	27	8section 2 of chapter 209C where parentage has been acknowledged or adjudicated under the laws
28	28	9of the commonwealth or under the law of any other jurisdiction.
29	29	10 SECTION 2. Section 4B of said chapter 46 is hereby repealed.
30	30	11 SECTION 3. Section 13 of said chapter 46, as appearing in the 2022 Official Edition, is
31	31	12hereby amended by striking out, in lines 53 to 56, inclusive, the words “paternity by a court or
32	32	13administrative agency of competent jurisdiction in the commonwealth and the court orders the 2 of 42
33	33	14state registrar to amend the birth certificate to include the information relating to the father” and
34	34	15inserting in place thereof the following words:- parentage by a court or administrative agency of
35	35	16competent jurisdiction in the commonwealth and the court orders the state registrar to originally
36	36	17issue or to amend the birth certificate to include the information relating to the parentage of the
37	37	18child.
38	38	19 SECTION 4. Chapter 209C of the General Laws is hereby amended by striking out the
39	39	20title, as so appearing, and inserting in place thereof the following title:- NONMARITAL
40	40	21CHILDREN AND PARENTAGE OF CHILDREN.
41	41	22 SECTION 5. Section 1 of chapter 209C of the General Laws, as so appearing, is hereby
42	42	23amended by inserting after the first sentence the following sentence:- A child shall have the same
43	43	24rights and protections under law to parentage without regard to the marital status, gender, gender
44	44	25identity or sexual orientation of their parents or the circumstances of the child’s birth, including
45	45	26whether the child was born as a result of assisted reproduction or surrogacy.
46	46	27 SECTION 6. Said section 1 of said chapter 209C, as so appearing, is hereby further
47	47	28amended by striking out, in lines 7 and 8, 14, 15 and 17, the word “paternity” and inserting in
48	48	29place thereof, in each instance, the following word:- parentage.
49	49	30 SECTION 7. Said section 1 of said chapter 209C, as so appearing, is hereby further
50	50	31amended by striking out, in lines 11 and 20, the words “child born out of wedlock” and inserting
51	51	32in place thereof, in each instance, the following words:- nonmarital child.
52	52	33 SECTION 8. Said section 1 of said chapter 209C, as so appearing, is hereby further
53	53	34amended by striking out, in lines 11 and 12, the words “a man and woman” and inserting in place
54	54	35thereof the following word:- persons. 3 of 42
55	55	36 SECTION 9. Said section 1 of said chapter 209C, as so appearing, is hereby further
56	56	37amended by striking out, in lines 20 and 25, the word “his”, and inserting in place thereof, in
57	57	38each instance, the following word:- their.
58	58	39 SECTION 10. Said chapter 209C is hereby further amended by inserting after section 1
59	59	40the following section:-
60	60	41 Section 1A. For the purposes of this chapter the following terms shall have the following
61	61	42meanings, unless the context clearly requires otherwise:
62	62	43 “Acknowledged parent”, a person who has established a parent-child relationship through
63	63	44a voluntary acknowledgement of parentage.
64	64	45 “Adjudicated parent”, a person who has been adjudicated to be a parent of a child by a
65	65	46court of competent jurisdiction.
66	66	47 “Alleged genetic parent”, a person who is alleged to be or alleges to be a genetic parent
67	67	48of a child whose parentage has not been adjudicated; provided, however, that this term shall
68	68	49include a putative parent, an alleged genetic father and an alleged genetic mother; and provided
69	69	50further that this term shall not include a presumed parent under section 6, an individual whose
70	70	51parental rights have been terminated or declared not to exist or a donor as described in section
71	71	5227.
72	72	53 “Assisted reproduction”, a method of causing pregnancy other than sexual intercourse
73	73	54including, but not limited to, artificial insemination, intrauterine, intracervical or vaginal
74	74	55insemination, donation of gametes or embryos, in vitro fertilization and transfer of embryos and
75	75	56intracytoplasmic sperm injection. 4 of 42
76	76	57 “Donor”, a person who provides a gamete or embryo intended for use in assisted
77	77	58reproduction or gestation, whether or not for consideration; provided, however, that this term
78	78	59shall not include a person who consents to assisted reproduction with the intent to be a parent of
79	79	60the resulting child.
80	80	61 “Genetic surrogacy agreement”, a surrogacy agreement involving a genetic surrogate.
81	81	62 “Genetic surrogate”, a person who is not an intended parent and agrees to become
82	82	63pregnant through assisted reproduction using their own gamete under a genetic surrogacy
83	83	64agreement as provided in this chapter.
84	84	65 “Gestational surrogacy agreement”, a surrogacy agreement involving a gestational
85	85	66surrogate.
86	86	67 “Gestational surrogate”, a person who is not an intended parent and agrees to become
87	87	68pregnant through assisted reproduction using gametes that are not their own under a gestational
88	88	69surrogacy agreement as provided in this chapter.
89	89	70 “Intended parent”, a person, whether married or unmarried, who manifests an intent to be
90	90	71legally bound as a parent of a child resulting from assisted reproduction.
91	91	72 “Nonmarital child”, a child born to persons who are not married to each other.
92	92	73 “Parent”, a person who has established parentage of a child through: (i) birth except as
93	93	74otherwise provided in sections 28 to 28P, inclusive; (ii) presumption pursuant to section 6; (iii)
94	94	75adjudication by a court of competent jurisdiction; (iv) adoption pursuant to chapter 210; (v)
95	95	76acknowledgement pursuant to section 11; (vi) de facto parentage pursuant to section 25; (vii) 5 of 42
96	96	77assisted reproduction pursuant to section 27; or (viii) surrogacy pursuant to sections 28 to 28P,
97	97	78inclusive.
98	98	79 “Parentage” or “parent-child relationship”, the legal relationship between a child and a
99	99	80parent of the child.
100	100	81 “Presumed parent”, a person who is presumed to be a parent of a child pursuant to section
101	101	826, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is
102	102	83made under section 11 or a court adjudicates the person to be a parent.
103	103	84 “Surrogacy agreement”, an agreement between 1 or more intended parents and a person
104	104	85who is not an intended parent in which that person agrees to become pregnant through assisted
105	105	86reproduction and which provides that each intended parent is a parent of a child conceived under
106	106	87the agreement.
107	107	88 “Surrogate”, a genetic surrogate or gestational surrogate.
108	108	89 SECTION 11. Section 2 of said chapter 209C, as appearing in the 2022 Official Edition,
109	109	90is hereby amended by striking out, in line 1, the word “Paternity” and inserting in place thereof
110	110	91the following word:- Parentage.
111	111	92 SECTION 12. Said section 2 of said chapter 209C, as so appearing, is hereby further
112	112	93amended by striking out, in lines 5, 6, 12, 13, 16 and 18, the word “paternity” and inserting in
113	113	94place thereof, in each instance, the following word:- parentage.
114	114	95 SECTION 13. Section 3 of said chapter 209C, as so appearing, is hereby amended by
115	115	96striking out, in lines 3, 7, 32, 35 and 36 and 51, the word “paternity” and inserting in place
116	116	97thereof, in each instance, the following word:- parentage. 6 of 42
117	117	98 SECTION 14. Said section 3 of said chapter 209C, as so appearing, is hereby further
118	118	99amended by inserting after the word “parentage”, in line 4, the following words:- under this
119	119	100chapter.
120	120	101 SECTION 15. Said section 3 of said chapter 209C, as so appearing, is hereby further
121	121	102amended by striking out, in line 13, the word “his” and inserting in place thereof the following
122	122	103word:- their.
123	123	104 SECTION 16. Section 4 of said chapter 209C, as so appearing, is hereby amended by
124	124	105striking out, in lines 1 and 11, the word “paternity” and inserting in place thereof, in each
125	125	106instance, the following word:- parentage.
126	126	107 SECTION 17. Section 5 of said chapter 209C, as so appearing, is hereby amended by
127	127	108striking out, in lines 1 and 2, 19, 55, 60 and 62, the word “paternity” and inserting in place
128	128	109thereof, in each instance, the following word:- parentage.
129	129	110 SECTION 18. Said section 5 of said chapter 209C, as so appearing, is hereby further
130	130	111amended by striking out, in line 3, the word “mother” and inserting in place thereof the following
131	131	112words:- person who gave birth to the child.
132	132	113 SECTION 19. Said section 5 of said chapter 209C, as so appearing, is hereby further
133	133	114amended by striking out, in lines 4 and 21, the word “himself” and inserting in place thereof, in
134	134	115each instance, the following word:- themselves.
135	135	116 SECTION 20. Said section 5 of said chapter 209C, as so appearing, is hereby further
136	136	117amended by striking out, in lines 4 and 9, each time it appears, the word “father” and inserting in
137	137	118place thereof, in each instance, the following words:- other parent. 7 of 42
138	138	119 SECTION 21. Said section 5 of said chapter 209C, as so appearing, is hereby further
139	139	120amended by striking out, in line 7, the words “mother if the mother” and inserting in place
140	140	121thereof the following words:- person who gave birth to the child if that person.
141	141	122 SECTION 22. Said section 5 of said chapter 209C, as so appearing, is hereby further
142	142	123amended by striking out, in line 17, the words “mother of the child” and inserting in place
143	143	124thereof the following words:- person who gave birth to the child.
144	144	125 SECTION 23. Said section 5 of said chapter 209C, as so appearing, is hereby further
145	145	126amended by striking out, in lines 21 and 22, the words “father unless he is or was the mother’s
146	146	127husband” and inserting in place thereof the following words:- parent unless such parent is or was
147	147	128the spouse of the person who gave birth to the child.
148	148	129 SECTION 24. Said section 5 of said chapter 209C, as so appearing, is hereby further
149	149	130amended by striking out subsection (b) and inserting in place thereof the following subsection:-
150	150	131 (b) Voluntary acknowledgments of parentage may be executed by the person who gave
151	151	132birth and either an alleged genetic parent, presumed parent or intended parent as provided in this
152	152	133chapter, whether either or both is a minor, and may be registered pursuant to section 11 only if
153	153	134the signatures of both signatories are notarized. If the person who gave birth to the child was or
154	154	135is married to a spouse other than the other parent and the child’s birth occurs during the marriage
155	155	136or within 300 days of its termination by divorce, a voluntary acknowledgment of parentage
156	156	137naming the other parent may be executed by the person who gave birth and the other parent only
157	157	138if the person who gave birth and their spouse or former spouse at the time of the child’s birth or
158	158	139conception sign an affidavit denying that the spouse is the parent of the child; provided,
159	159	140however, that where the marriage has been terminated by annulment or by the death of either 8 of 42
160	160	141spouse, parentage of the other parent may only be established by filing a complaint to establish
161	161	142parentage as provided in this chapter. Prior to signing a voluntary acknowledgment of parentage
162	162	143at the hospital or thereafter at the office of the city or town clerk as part of the birth registration
163	163	144process pursuant to section 3C of chapter 46, with the department of transitional assistance, with
164	164	145the IV–D agency set forth in chapter 119A, with any agency designated by the United States
165	165	146Secretary of Health and Human Services or with any official of a court, a person who gave birth
166	166	147and the other parent shall receive notice orally, or through the use of video or audio equipment,
167	167	148and in writing of alternatives to signing the acknowledgment, including the availability of
168	168	149genetic marker testing, as well as the benefits and responsibilities with respect to child support,
169	169	150custody and visitation that may arise from signing the acknowledgment and subsequently filing
170	170	151the acknowledgment with the court or with the registrar of vital records and statistics as provided
171	171	152in this chapter.
172	172	153 SECTION 25. Section 6 of said chapter 209C, as so appearing, is hereby amended by
173	173	154striking out, in lines 1 and 2, the words “In all actions under this chapter a man is presumed to be
174	174	155the father of a child and must be joined as a party” and inserting in place thereof the following
175	175	156words:- A person is presumed to be the parent of a child and shall be joined as a party in all
176	176	157actions under this chapter.
177	177	158 SECTION 26. Said section 6 of said chapter 209C, as so appearing, is hereby further
178	178	159amended by striking out, in lines 3, 6, 11, 14, 16 and 18, the word “he” and inserting in place
179	179	160thereof, in each instance, the following words:- the person. 9 of 42
180	180	161 SECTION 27. Said section 6 of said chapter 209C, as so appearing, is hereby further
181	181	162amended by striking out, in line 3, 7, 12 and 19, the word “mother” and inserting in place
182	182	163thereof, in each instance, the following words:- person who gave birth to the child.
183	183	164 SECTION 28. Said section 6 of said chapter 209C, as so appearing, is hereby further
184	184	165amended by striking out, in line 17, the word “paternity” and inserting in place thereof the
185	185	166following word:- parentage.
186	186	167 SECTION 29. Said section 6 of said chapter 209C, as so appearing, is hereby further
187	187	168amended by striking out, in lines 21 to 23, inclusive, the words “he has acknowledged paternity
188	188	169in a parental responsibility claim as provided in section four A of chapter two hundred and ten
189	189	170and the mother” and inserting in place thereof the following words:- the person has
190	190	171acknowledged parentage in a parental responsibility claim as provided in section 4A of chapter
191	191	172210 and the person who gave birth to the child.
192	192	173 SECTION 30. Said section 6 of said chapter 209C, as so appearing, is hereby further
193	193	174amended by striking out, in lines 25 to 27, inclusive, the words “his consent and the consent of
194	194	175the child’s mother, he is named as the child’s father” and inserting in place thereof the following
195	195	176words:- the person’s consent and the consent of the person who gave birth to the child, the
196	196	177person is named as the child’s parent.
197	197	178 SECTION 31. Said section 6 of said chapter 209C, as so appearing, is hereby further
198	198	179amended by striking out subsection (b) and inserting in place thereof the following subsection:-
199	199	180 (b) Notwithstanding subsection (a), a spouse or former spouse shall not be required to be
200	200	181joined as a party if that person’s non-parentage of the child has previously been adjudicated in a 10 of 42
201	201	182proceeding between the spouse and the person who gave birth to the child in a court or
202	202	183administrative agency of competent jurisdiction.
203	203	184 SECTION 32. Section 7 of said chapter 209C, as so appearing, is hereby amended by
204	204	185striking out, in lines 3 and 4 and 8, the word “paternity” and inserting in place thereof, in each
205	205	186instance, the following word:- parentage.
206	206	187 SECTION 33. Section 8 of said chapter 209C, as so appearing, is hereby amended by
207	207	188striking out, in lines 1, 2, 5 and 15, the word “paternity” and inserting in place thereof, in each
208	208	189instance, the following word:- parentage.
209	209	190 SECTION 34. Said section 8 of said chapter 209C, as so appearing, is hereby further
210	210	191amended by striking out, in line 4, the word “his” and inserting in place thereof the following
211	211	192words:- the defendant’s.
212	212	193 SECTION 35. Said section 8 of said chapter 209C, as so appearing, is hereby further
213	213	194amended by striking out, in line 7, the words “mother or putative father submits” and inserting in
214	214	195place thereof the following words:- person who gave birth to the child or alleged genetic parent
215	215	196submits sufficient evidence of parentage, which may include evidence.
216	216	197 SECTION 36. Said section 8 of said chapter 209C, as so appearing, is hereby further
217	217	198amended by striking out, in lines 12 and 13, the words “father or mother” and inserting in place
218	218	199thereof the following word:- parent.
219	219	200 SECTION 37. Said section 8 of said chapter 209C, as so appearing, is hereby further
220	220	201amended by striking out, in line 16, the word “mother” and inserting in place thereof the
221	221	202following words:- person who gave birth to the child. 11 of 42
222	222	203 SECTION 38. Section 9 of said chapter 209C, as so appearing, is hereby amended by
223	223	204striking out, in line 21, the word “his” and inserting in place thereof the following words:- the
224	224	205defendant’s.
225	225	206 SECTION 39. Said section 9 of said chapter 209C, as so appearing, is hereby further
226	226	207amended by striking out, in line 27, the word “mother” and inserting in place thereof the
227	227	208following words: another parent.
228	228	209 SECTION 40. Subsection (a) of section 10 of said chapter 209C, as so appearing, is
229	229	210hereby amended by striking out the first paragraph and inserting in place thereof the following
230	230	211paragraph:-
231	231	212 Upon or after an adjudication or voluntary acknowledgment of parentage, the court may
232	232	213award custody of a nonmarital child to either parent or to them jointly or to another suitable
233	233	214person as hereafter further specified as may be appropriate in the best interests of the child.
234	234	215 SECTION 41. Said section 10 of said chapter 209C, as so appearing, is hereby further
235	235	216amended by striking out subsection (b) and inserting in place thereof the following subsection:-
236	236	217 (b) Prior to or in the absence of an adjudication or voluntary acknowledgment of
237	237	218parentage, the person who gave birth shall have custody of a nonmarital child. In the absence of
238	238	219an order or judgment of a probate and family court relative to custody, the person who gave birth
239	239	220shall continue to have custody of a nonmarital child after an adjudication of parentage or
240	240	221voluntary acknowledgment of parentage. 12 of 42
241	241	222 SECTION 42. Section 11 of said chapter 209C, as so appearing, is hereby amended by
242	242	223striking out, in line 2, the words “putative father” and inserting in place thereof the following
243	243	224words:- alleged genetic parent, presumed parent or intended parent.
244	244	225 SECTION 43. Said section 11 of said chapter 209C, as so appearing, is hereby further
245	245	226amended by striking out, in line 3, the words “mother of” and inserting in place thereof the
246	246	227following words:- person who gave birth to.
247	247	228 SECTION 44. Said section 11 of said chapter 209C, as so appearing, is hereby further
248	248	229amended by striking out, in lines 7, 16, 20, 22 and 37, the word “paternity” and inserting in place
249	249	230thereof, in each instance, the following word:- parentage.
250	250	231 SECTION 45. Said section 11 of said chapter 209C, as so appearing, is hereby further
251	251	232amended by striking out, in line 21, the words “by such putative father and mother”.
252	252	233 SECTION 46. Subsection (a) of said section 11 of said chapter 209C, as so appearing, is
253	253	234hereby amended by striking out the tenth sentence and inserting in place thereof the following
254	254	235sentence:- If either party rescinds the acknowledgment in a timely fashion and the basis of the
255	255	236acknowledgment was genetic parentage, the court shall order genetic marker testing and proceed
256	256	237to adjudicate parentage or nonparentage in accordance with this chapter; provided, however, that
257	257	238the rescinded acknowledgment shall constitute the proper showing required for an order to
258	258	239submit to such testing; and provided further, that the rescinded acknowledgment shall be
259	259	240admissible as evidence of the alleged genetic parent’s parentage and shall serve as sufficient
260	260	241basis for admitting the report of the results of genetic marker tests. 13 of 42
261	261	242 SECTION 47. Said section 11 of said chapter 209C, as so appearing, is hereby further
262	262	243amended by striking out, in line 56, the word “nonpaternity” and inserting in place thereof the
263	263	244following word:- nonparentage.
264	264	245 SECTION 48. Said section 11 of said chapter 209C, as so appearing, is hereby further
265	265	246amended by striking out, in line 59, the words “a mother and father” and inserting in place
266	266	247thereof the following word:- parents.
267	267	248 SECTION 49. Section 12 of said chapter 209C, as so appearing, is hereby amended by
268	268	249striking out, in line 2, the word “paternity” and inserting in place thereof the following word:-
269	269	250parentage.
270	270	251 SECTION 50. Section 13 of said chapter 209C, as so appearing, is hereby amended by
271	271	252striking out, in lines 1 and 2, the words “paternity or in which paternity” and inserting in place
272	272	253thereof the following words:- parentage or in which parentage.
273	273	254 SECTION 51. Said section 13 of said chapter 209C, as so appearing, is hereby further
274	274	255amended by striking out, in lines 7 to 9, inclusive, the words “father is adjudicated not to be the
275	275	256father of the child; provided, however, that the child, the child’s mother, the person adjudicated
276	276	257to be the father” and inserting in place thereof the following words:- parent is adjudicated not to
277	277	258be the parent of the child; provided, however, that the child, the person who gave birth to the
278	278	259child, the person adjudicated to be the parent.
279	279	260 SECTION 52. Said chapter 209C is hereby further amended by striking out section 14, as
280	280	261so appearing, and inserting in place thereof the following section:- 14 of 42
281	281	262 Section 14. Except as otherwise provided in this chapter, an action to establish parentage
282	282	263of a child may be instituted during pregnancy but shall only be filed by the person who is to give
283	283	264birth to the child or such person’s representative or by the IV-D agency as set forth in chapter
284	284	265119A on behalf of the person who is to give birth. In the case of any complaint brought prior to
285	285	266the birth of the child, no final judgment on the issue of parentage shall be made until after the
286	286	267birth of the child; provided, however, that the court may order temporary support or health care
287	287	268coverage.
288	288	269 SECTION 53. Section 16 of said chapter 209C, as so appearing, is hereby amended by
289	289	270striking out subsections (c) to (e), inclusive, and inserting in place thereof the following 3
290	290	271subsections:-
291	291	272 (c) In an action pursuant to this chapter, the person who gave birth and the alleged
292	292	273genetic parent shall be competent to testify and no privilege or disqualification created under
293	293	274chapter 233 shall prohibit testimony by a spouse or former spouse which is otherwise competent.
294	294	275If the person who gave birth is or was married, both that person and their spouse or former
295	295	276spouse may testify to parentage of the child.
296	296	277 (d) In an action to establish parentage, testimony relating to sexual access to the person
297	297	278who gave birth by an unidentified person at any time or by an identified person at any time other
298	298	279than the probable time of conception of the child is inadmissible in evidence unless offered by
299	299	280the person who gave birth.
300	300	281 (e) In an action to establish parentage based on alleged genetic parentage, the court may
301	301	282view the person who gave birth, the child and the alleged genetic parent to note any resemblance
302	302	283among the parties notwithstanding the absence of expert testimony. 15 of 42
303	303	284 SECTION 54. Said section 16 of said chapter 209C, as so appearing, is hereby further
304	304	285amended by striking out, in line 25, the word “mother” and inserting in place thereof the
305	305	286following words:- person who gave birth to the child.
306	306	287 SECTION 55. Said section 16 of said chapter 209C, as so appearing, is hereby further
307	307	288amended by striking out, in line 36, the word “paternity” and inserting in place thereof the
308	308	289following word:- parentage.
309	309	290 SECTION 56. Section 17 of said chapter 209C, as so appearing, is hereby amended by
310	310	291striking out, in lines 1 and 2, the words “paternity of a child born out of wedlock” and inserting
311	311	292in place thereof the following words:- parentage of a nonmarital child based on alleged genetic
312	312	293parentage.
313	313	294 SECTION 57. Said section 17 of said chapter 209C, as so appearing, is hereby further
314	314	295amended by striking out, in lines 4, 9, 10, 13, 26 and 28, the word “mother” and inserting in
315	315	296place thereof, in each instance, the following words:- person who gave birth to the child.
316	316	297 SECTION 58. Said section 17 of said chapter 209C, as so appearing, is hereby further
317	317	298amended by striking out, in lines 4, 9, 10, 13, 26, 28, 31, 48 and 49, the words “putative father”
318	318	299and inserting in place thereof, in each instance, the following words:- alleged genetic parent.
319	319	300 SECTION 59. Said section 17 of said chapter 209C, as so appearing, is hereby further
320	320	301amended by striking out, in lines 21 and 22, the words “putative father’s” and inserting in place
321	321	302thereof the following words:- alleged genetic parent’s. 16 of 42
322	322	303 SECTION 60. Said section 17 of said chapter 209C, as so appearing, is hereby further
323	323	304amended by striking out, in lines 22 and 30, the word “paternity” and inserting in place thereof,
324	324	305in each instance, the following words:- genetic parentage.
325	325	306 SECTION 61. Said section 17 of said chapter 209C, as so appearing, is hereby further
326	326	307amended by striking out, in lines 31 and 32 and in line 49, the first time it appears, the word
327	327	308“father” and inserting in place thereof, in each instance, the following word:- parent.
328	328	309 SECTION 62. Said section 17 of said chapter 209C, as so appearing, is hereby further
329	329	310amended by adding the following sentence:- Genetic testing shall not be used to challenge the
330	330	311parentage of an individual who is a parent under sections 25, 27 and 28 to 28P, inclusive, or to
331	331	312establish the parentage of an individual who is a donor as provided in said sections.
332	332	313 SECTION 63. Section 21 of said chapter 209C, as so appearing, is hereby amended by
333	333	314striking out, in line 4, the word “paternity” and inserting in place thereof the following word:-
334	334	315parentage.
335	335	316 SECTION 64. Section 23 of said chapter 209C, as so appearing, is hereby amended by
336	336	317striking out, in lines 1, 10, 11 and 14, the word “paternity” and inserting in place thereof, in each
337	337	318instance, the following word:- parentage.
338	338	319 SECTION 65. Said chapter 209C is hereby further amended by adding the following 20
339	339	320sections:-
340	340	321 Section 25. (a) This section shall apply to nonmarital and marital children. 17 of 42
341	341	322 (b) A proceeding to adjudicate parentage of a child under this section may be
342	342	323commenced only by a person who: (i) is alive when the proceeding is commenced; and (ii)
343	343	324claims to be a de facto parent of the subject child under this section.
344	344	325 (c) A proceeding under this section shall be commenced during a child’s lifetime and
345	345	326before the child attains 18 years of age.
346	346	327 (d) Proceedings under this section shall be governed by the Massachusetts Rules of
347	347	328Domestic Relations Procedure.
348	348	329 (e) All parents, legal guardians and legal custodians of the subject child shall be entitled
349	349	330to notice.
350	350	331 (f) The plaintiff shall file a verified complaint alleging specific facts to support each
351	351	332element required to establish de facto parentage as set forth in subsection (i), along with any
352	352	333other pleadings, affidavits or information required by the court. The verified complaint shall be
353	353	334served on all parents, legal guardians and legal custodians of the child and any other party to the
354	354	335proceeding. Prior to an adjudication of the merits, and within 60 days of the commencement of a
355	355	336proceeding under this section, the court shall determine, based on the pleadings, whether the
356	356	337plaintiff has alleged facts sufficient to satisfy each element required to establish de facto
357	357	338parentage. Upon request made by a party entitled to notice or upon the court’s own initiative, the
358	358	339court may hold a hearing on the sufficiency of the pleadings; provided, however, that if the court
359	359	340holds any such hearing, the hearing shall be held on an expedited basis. Failure of a pleading to
360	360	341meet these standards shall constitute grounds for the court to enter a sua sponte judgment of
361	361	342dismissal without prejudice. 18 of 42
362	362	343 (g) Prior to an adjudication of the merits, and within 60 days of the commencement of a
363	363	344proceeding under this section, the court shall determine whether the plaintiff has standing to seek
364	364	345an adjudication of parentage of a child under this section. Upon request made by a party entitled
365	365	346to notice or upon the court’s own initiative, the court may hold a hearing on the issue of
366	366	347standing; provided, however, that any such hearing shall be held on an expedited basis; and
367	367	348provided further, that a hearing shall be required and there shall be a rebuttable presumption
368	368	349against standing if the court finds by a preponderance of the evidence that:
369	369	350 (i) the plaintiff is or was the defendant to: (A) an abuse prevention order issued after
370	370	351notice and hearing pursuant to chapter 209A; (B) a protection order issued pursuant to section
371	371	35234B or 34C of chapter 208; or (C) a harassment prevention order issued pursuant to chapter
372	372	353258E, involving the child, a parent of the child or a household member of the child;
373	373	354 (ii) the department of children and families has made a determination supporting an
374	374	355allegation of abuse against the plaintiff with respect to the subject child or another child in the
375	375	356same household;
376	376	357 (iii) a defendant is engaged or has engaged in military service as defined in 50 U.S.C.
377	377	358App. 511 within the past 3 years, unless the defendant consents in writing and such written
378	378	359consent is filed with the complaint;
379	379	360 (iv) a defendant parent executed a military family care plan and but for the plan, the
380	380	361plaintiff would not meet at least 1 of the requirements of subsection (i), unless the defendant
381	381	362consents in writing and such written consent is filed with the complaint; or
382	382	363 (v) the plaintiff is or was the foster parent of the child and but for the plaintiff’s role as
383	383	364foster parent, the plaintiff would not meet at least 1 of the requirements of subsection (i); or 19 of 42
384	384	365 (vi) the plaintiff engaged in duress, coercion or threat of harm to establish any element of
385	385	366de facto parentage as set forth in subsection (i).
386	386	367 (h) A plaintiff may file and serve a motion seeking a temporary order of contact between
387	387	368the subject child and the plaintiff contemporaneously with the complaint. After a hearing, the
388	388	369court may enter a temporary order concerning contact between the child and the plaintiff. No
389	389	370temporary order shall issue before a determination of standing; provided, however, that a hearing
390	390	371on the motion may occur on the same date as any hearing under subsections (f) or (g).
391	391	372 (i) Subject to subsection (j), the court shall adjudicate a plaintiff with standing in a
392	392	373proceeding commenced under this section to be a legal parent of the subject child if the plaintiff
393	393	374demonstrates by clear and convincing evidence that: (i) the plaintiff resided with the child as a
394	394	375regular member of the child’s household for not less than 3 years or 40 per cent of the child’s
395	395	376life, whichever is shorter; provided, however, that the period is not less than 2 years; provided
396	396	377further, that the court may, in its discretion, accept a shorter period in extraordinary
397	397	378circumstances for good cause shown; (ii) the plaintiff engaged in consistent caregiving of the
398	398	379child, including, but not limited to, shaping the child’s daily routine, addressing the child’s
399	399	380developmental needs and providing for the child’s education and medical care, individually or
400	400	381cooperatively with another parent; (iii) the plaintiff undertook full and permanent responsibilities
401	401	382of a parent of the child without expectation or payment of financial compensation; (iv) the
402	402	383plaintiff held out the child as the plaintiff’s child; (v) the plaintiff established a bonded and
403	403	384dependent relationship with the child that is parental in nature; (vi) each parent of the child
404	404	385consented to the bonded and dependent relationship required under clause (v); provided,
405	405	386however, that for the purposes of this section, consent shall include that each parent, over a
406	406	387period of not less than 6 months: (a) held out the plaintiff as a parent of the child; and (b) 20 of 42
407	407	388engaged in shared decision making with the plaintiff regarding significant issues of the child’s
408	408	389education, health and welfare; provided further, that the court may determine that a parent has
409	409	390impliedly consented where that parent has not, without good cause, meaningfully engaged with
410	410	391the subject child through direct contact, participation in decision making or regular financial
411	411	392support for a period of 2 years; provided further, that good cause may include evidence that the
412	412	393parent attempted to meaningfully engage with the subject child by regularly requesting contact or
413	413	394participation in decision making but was prevented from doing so by another person; provided
414	414	395further, that a notarized document affirming consent executed by a parent shall be evidence of
415	415	396that parent’s consent; and provided further, that consent to temporary guardianship shall not
416	416	397constitute evidence that a parent consented under this clause; and (vii) adjudicating the plaintiff
417	417	398to be the child’s parent is in the best interest of the child. In making this determination, the court
418	418	399shall consider evidence of past or present abuse by the plaintiff toward a parent or the child as a
419	419	400factor contrary to the best interest of the child; provided, however, that a finding by a
420	420	401preponderance of the evidence that the plaintiff engaged in duress, coercion or threat of harm in
421	421	402order to establish any of the elements of clauses (i) to (vi), inclusive, shall be considered
422	422	403evidence of abuse; provided further, that a finding by a preponderance of the evidence that a
423	423	404pattern or serious incident of abuse as defined in section 10 by the plaintiff against a parent or
424	424	405child has occurred shall create a rebuttable presumption that it is not in the best interest of the
425	425	406child that the plaintiff be adjudicated a parent; and provided further, that where there is credible
426	426	407evidence of abuse and the court adjudicates the plaintiff to be a parent of the subject child, the
427	427	408court shall make detailed written findings on the presence and nature of the abuse, its effect on
428	428	409the child and its impact on the plaintiff’s parenting ability. 21 of 42
429	429	410 (j) Subject to other limitations in this section, if in a proceeding to adjudicate the plaintiff
430	430	411as a de facto parent, there is more than 1 defendant parent and the court determines that the
431	431	412requirements of subsection (i) are satisfied, the court shall adjudicate parentage under subsection
432	432	413(c) of section 26.
433	433	414 (k) The adjudication of a plaintiff as a de facto parent under this section shall not affect
434	434	415the legal parentage of any other parent to the child and shall not be considered evidence of
435	435	416parental unfitness of a defendant parent to the child.
436	436	417 (l) Custody, parenting time, visitation and child support shall be determined in
437	437	418accordance with applicable laws, rules, regulations, orders and guidelines.
438	438	419 (m) Nothing in this section shall be interpreted to preclude an action in equity pursuant to
439	439	420section 6 of chapter 215 to establish a third-party right to visitation.
440	440	421 Section 26. (a) In a proceeding to adjudicate competing claims of, or challenges to,
441	441	422parentage of a child by 2 or more persons, the court shall adjudicate parentage in the best interest
442	442	423of the child, based on: (i) the age of the child; (ii) the length of time during which each person
443	443	424assumed the role of parent of the child; (iii) the nature of the relationship between the child and
444	444	425each person; (iv) the harm to the child if the relationship between the child and each person is not
445	445	426recognized; (v) the basis for each person’s claim to parentage of the child; and (vi) other
446	446	427equitable factors arising from the disruption of the relationship between the child and each
447	447	428person or the likelihood of other harm to the child.
448	448	429 (b) If a person challenges parentage based on the results of genetic testing, in addition to
449	449	430the factors listed in subsection (a), the court shall consider: (i) the facts surrounding the
450	450	431discovery that the person might not be a genetic parent of the child; and (ii) the length of time 22 of 42
451	451	432between the time that the person was placed on notice that the person might not be a genetic
452	452	433parent and the commencement of the proceeding.
453	453	434 (c) The court may adjudicate a child to have more than 2 parents if the court finds that it
454	454	435is in the best interest of the child. A finding of best interest of the child under this section does
455	455	436not require a finding of unfitness of any parent or person seeking an adjudication of parentage.
456	456	437 (d) Custody, parenting time, visitation and child support shall be determined in
457	457	438accordance with applicable laws, rules, regulations, orders and guidelines.
458	458	439 Section 27. (a) This section shall apply to nonmarital and marital children. This section
459	459	440shall not apply to the parentage of a child conceived by sexual intercourse or assisted
460	460	441reproduction under a surrogacy agreement under sections 28 to 28P, inclusive.
461	461	442 (b) Venue for a proceeding to adjudicate parentage under this section shall be in the
462	462	443county in which: (i) the child resides or was born or is reasonably expected to be born; (ii) any
463	463	444parent or intended parent of the child resides; or (iii) a proceeding has been commenced for
464	464	445administration of the estate of a person who is or may be a parent under this chapter.
465	465	446 (c) A donor shall not be a parent of a child conceived through assisted reproduction based
466	466	447on the donor’s genetic connection to such child. A donor shall not be entitled to establish the
467	467	448donor's parentage by signing an acknowledgment pursuant to this chapter. A donor shall not be
468	468	449entitled to notice in a proceeding under this chapter.
469	469	450 (d) A person who consents to assisted reproduction with the intent to be a parent of the
470	470	451child conceived by said assisted reproduction shall be a parent of the child. Consent to assisted
471	471	452reproduction may be established by: (i) a record signed by the person giving birth to a child 23 of 42
472	472	453conceived by assisted reproduction and by an intended parent before, on or after the birth of the
473	473	454child; or (ii) a finding by the court, by a preponderance of the evidence, that: (A) prior to
474	474	455conception or birth of the child, the parties agreed that they would be parents of the child; or (B)
475	475	456the person who seeks to be a parent of the child, together with the person giving birth,
476	476	457voluntarily participated in and consented to the assisted reproduction that resulted in the
477	477	458conception of the child.
478	478	459 (e)(1) Except as provided in paragraph (2), a person who, at the time of a child’s birth, is
479	479	460the spouse of the person who gave birth to the child by assisted reproduction may not challenge
480	480	461their own parentage of the child unless, not later than 2 years after the birth of the child, they
481	481	462commence a proceeding to adjudicate their own parentage of the child and the court finds that
482	482	463they did not consent to the assisted reproduction before, on, or after the birth of the child or
483	483	464withdrew consent pursuant to subsection (g).
484	484	465 (2) A proceeding to adjudicate a spouse’s parentage of a child born by assisted
485	485	466reproduction may be commenced at any time if the court determines that the spouse who is
486	486	467challenging the parentage: (i) neither provided a gamete for, nor consented to, the assisted
487	487	468reproduction; (ii) has not cohabitated with the person who gave birth to the child since the
488	488	469probable time of assisted reproduction; and (iii) never openly held out the child as their child.
489	489	470This subsection shall apply to a spouse’s challenge of parentage even if the spouse’s marriage is
490	490	471declared invalid after assisted reproduction occurs.
491	491	472 (f) A person who consents to assisted reproduction pursuant to subsection (d) may
492	492	473withdraw consent any time before a transfer or implantation of gametes or embryos that results
493	493	474in a pregnancy by giving notice in writing of their withdrawal of consent to the person who 24 of 42
494	494	475agreed to give birth to a child conceived by assisted reproduction and to any clinic or healthcare
495	495	476provider facilitating the assisted reproduction; provided, however, that failure to give notice to a
496	496	477clinic or healthcare provider shall not affect a determination of parentage pursuant to this section.
497	497	478A person who withdraws consent in compliance with this subsection shall not be a parent of the
498	498	479child under this section.
499	499	480 (g)(1) If a person who intends to be a parent of a child conceived by assisted reproduction
500	500	481dies during the period between the transfer or implantation of a gamete or embryo and the birth
501	501	482of the child, said person’s death shall not preclude the establishment of their parentage of the
502	502	483child if said person would be a parent of the child under this section but for the death.
503	503	484 (2) If a person who consented in writing to assisted reproduction by a person who agreed
504	504	485to give birth to a child dies before a transfer or implantation of gametes or embryos, the deceased
505	505	486person shall be a parent of a child conceived by the assisted reproduction if: (i) (A) the person
506	506	487consented in writing that if assisted reproduction were to occur after their death, they would be a
507	507	488parent of the child; or (B) the person’s intent to be a parent of a child conceived by assisted
508	508	489reproduction after their death is established by a preponderance of the evidence; and (ii) (A) the
509	509	490embryo is in utero not later than 36 months after the person’s death; or (B) the child is born not
510	510	491later than 45 months after the person’s death.
511	511	492 (h) If, due to a clinical or laboratory error, a child conceived by assisted reproduction is
512	512	493not genetically related to any intended parent or any donor who donated to the intended parent or
513	513	494parents, the intended parent or parents shall be the parent or parents of the child unless otherwise
514	514	495determined by the court. 25 of 42
515	515	496 (i) Genetic testing, including genetic marker testing pursuant to section 11, shall not be
516	516	497used to: (i) challenge the parentage of a person who is a parent pursuant to this section; or (ii)
517	517	498establish the parentage of a person who is a donor.
518	518	499 (j) (1)A person giving birth or a person who is or claims to be a parent pursuant to this
519	519	500section may commence a proceeding prior to or after the birth of a child by assisted reproduction
520	520	501to obtain a judgment: (i) declaring that the intended parent or parents are the parent or parents of
521	521	502the resulting child immediately upon the birth of the child and ordering that parental rights and
522	522	503responsibilities vest exclusively in the intended parent or parents immediately upon birth of the
523	523	504child; and (ii) designating the contents of the birth certificate and directing the department of
524	524	505public health to designate the intended parent or parents as the parent or parents of the resulting
525	525	506child.
526	526	507 (2) A judgment issued by a court pursuant to this subsection before the birth of the
527	527	508resulting child by assisted reproduction shall not take effect until the birth of the resulting child.
528	528	509Nothing in this subsection shall be construed to limit said court’s authority to issue orders under
529	529	510any other provision of the General Laws.
530	530	511 (3) The commonwealth, the department of public health and the hospital where the child
531	531	512is or is expected to be born shall not be necessary parties to a proceeding under this section.
532	532	513 (4) The burden of proof in proceedings pursuant to this section shall be by a
533	533	514preponderance of the evidence.
534	534	515 (k) At the request of a party to a proceeding pursuant to this section, the court shall close
535	535	516the proceeding to the general public. Section 13 shall govern segregation of, access to and 26 of 42
536	536	517inspection of complaints, pleadings, papers, documents and reports filed in connection with an
537	537	518action pursuant to this section, and docket entries.
538	538	519 (l) The court shall issue a final judgment adjudicating whether a person alleged or
539	539	520claiming to be a parent is the parent of a child in a proceeding pursuant to this section. At the
540	540	521request of a party, and subject to other applicable laws, the court in a proceeding pursuant to this
541	541	522section may order the legal name of the child to be changed. If the final judgment of the court is
542	542	523at variance with the child’s birth certificate, the court shall order the department of public health
543	543	524to issue an amended birth certificate that conforms with the final judgment.
544	544	525 (m) Custody, parenting time, visitation and child support for a nonmarital child shall be
545	545	526determined in accordance with applicable laws, rules, regulations, orders and guidelines.
546	546	527 (n) A spouse who has commenced an action for divorce, or a spouse who has been served
547	547	528with a complaint for divorce, may begin assisted reproduction pursuant to this subsection;
548	548	529provided at least 60 days have elapsed since service of the complaint. In such cases, the spouse
549	549	530that does not begin assisted reproduction pursuant to this subsection shall not be a parent of any
550	550	531child born as a result of the assisted reproduction unless both parties consent in writing to be
551	551	532parents of the child after commencement of the divorce action. A spouse who proceeds with
552	552	533assisted reproduction pursuant to this subsection shall not utilize gametes of their spouse unless
553	553	534their spouse consents in writing to the use of their gametes for assisted reproduction by the
554	554	535spouse after commencement of a divorce action.
555	555	536 Section 28. (a) Sections 28 to 28P, inclusive, shall apply to nonmarital and marital
556	556	537children. This section shall not apply to the birth of a child conceived by sexual intercourse or
557	557	538assisted reproduction under section 27. 27 of 42
558	558	539 (b) Venue for proceedings under sections 28 to 28P, inclusive, shall be in the county in
559	559	540which: (i) the child resides, is born or pursuant to a surrogacy agreement is expected to be born;
560	560	541(ii) a parent or intended parent of the child resides; (iii) a person acting as a surrogate resides; or
561	561	542(iv) a proceeding has been commenced for administration of the estate of a person who is or may
562	562	543be a parent under this chapter.
563	563	544 Section 28A. (a) To execute a surrogacy agreement to act as a surrogate, a person shall:
564	564	545(i) be not less than 21 years of age; (ii) have previously given birth to at least 1 child; (iii)
565	565	546complete a medical evaluation by a licensed physician related to surrogacy; and (iv) complete a
566	566	547mental health consultation by a licensed mental health professional that is independent of the
567	567	548health care providers or facility undertaking any assisted reproduction procedure contemplated
568	568	549by the surrogacy agreement.
569	569	550 (b) To execute a surrogacy agreement as an intended parent, whether or not genetically
570	570	551related to the child, a person shall: (i) be not less than 21 years of age; and (ii) complete a mental
571	571	552health consultation by a licensed mental health professional that is independent of the health care
572	572	553providers or facility undertaking any assisted reproduction procedure contemplated by the
573	573	554surrogacy agreement.
574	574	555 Section 28B. A surrogacy agreement shall be enforceable if it meets the following
575	575	556requirements:
576	576	557 (i) the prospective surrogate, their spouse, if any, and each intended parent are parties to
577	577	558the agreement;
578	578	559 (ii) the prospective surrogate and each intended parent meet the eligibility requirements
579	579	560of section 28A; 28 of 42
580	580	561 (iii) at least 1 party is a resident of the commonwealth or, if no party is a resident of the
581	581	562commonwealth, at least 1 medical evaluation, medical procedure or mental health consultation
582	582	563under the agreement occurs in the commonwealth;
583	583	564 (iv) the agreement is in writing and signed by all parties;
584	584	565 (v) the agreement is executed prior to a medical procedure attempting to cause a
585	585	566pregnancy in the prospective surrogate, other than the medical evaluation and mental health
586	586	567consultation required by section 28A and, in every instance, before transfer of embryos or
587	587	568gametes;
588	588	569 (vi) the signature of each party to the agreement is attested by a notary;
589	589	570 (vii) each party to the agreement signs a written acknowledgment of having received a
590	590	571copy of the agreement;
591	591	572 (viii) the prospective surrogate, the surrogate’s spouse, if any, and each intended parent
592	592	573have independent legal representation regarding the terms and potential legal consequences of
593	593	574the surrogacy agreement, paid for by the intended parent or parents, and each legal representative
594	594	575shall be identified in the surrogacy agreement; provided, however, that a single attorney for the
595	595	576prospective surrogate and their spouse and a single attorney for the intended parents shall be
596	596	577sufficient to meet this requirement; and
597	597	578 (ix) records related to the medical evaluation and mental health consultations conducted
598	598	579pursuant to section 28A shall be made available to the surrogate, the surrogate’s spouse, if any,
599	599	580and each intended parent; provided, however, that all such records shall remain otherwise
600	600	581confidential absent a court order. 29 of 42
601	601	582 Section 28C. (a) A surrogacy agreement is enforceable only if it contains the following
602	602	583terms:
603	603	584 (i) the surrogate: (A) shall undergo assisted reproduction and attempt to carry and give
604	604	585birth to any resulting child; (B) except as otherwise provided in sections 28I, 28M and 28N, shall
605	605	586have no claim to parentage of any resulting child; and (C) acknowledges the exclusive parentage
606	606	587of the intended parent or parents of all resulting children;
607	607	588 (ii) if the surrogate is married, their spouse: (A) acknowledges and agrees to abide by all
608	608	589obligations imposed on the surrogate by the terms of the surrogacy agreement; (B) except as
609	609	590otherwise provided in sections 28I, 28M and 28N, shall have no claim to parentage of any
610	610	591resulting child; and (C) acknowledges the exclusive parentage of the intended parent or parents
611	611	592of all resulting children; and
612	612	593 (iii) the intended parent or, if there are more than 1 intended parents, each parent jointly
613	613	594and severally: (A) except as otherwise provided in sections 28G, 28J, 28M and 28N, agree to be
614	614	595the exclusive parent or parents and accept parental rights and responsibilities of all resulting
615	615	596children regardless of the number of children born or the gender or condition of each child; and
616	616	597(B) except as otherwise provided in sections 28G, 28J, 28M and 28N, agree to assume
617	617	598responsibility for the financial support of all resulting children immediately upon the birth of the
618	618	599children regardless of the number of children born or the gender or condition of each child.
619	619	600 (b) The intended parent or parents shall pay for all surrogacy-related expenses of the
620	620	601surrogate, including expenses for healthcare provided for assisted reproduction, prenatal care,
621	621	602labor and delivery and the medical expenses of all resulting children, that are not covered by
622	622	603insurance; provided, however, that this subsection shall not be construed to supplant any health 30 of 42
623	623	604insurance coverage that is otherwise available to the surrogate or an intended parent for the
624	624	605coverage of healthcare costs; provided further, that this subsection shall not change the health
625	625	606insurance coverage of the surrogate or the responsibility of the insurance company to pay
626	626	607benefits under a policy that covers a surrogate.
627	627	608 (c) The surrogacy agreement shall not infringe on the rights of the surrogate to make all
628	628	609health and welfare decisions regarding the surrogate, the surrogate’s body and the surrogate’s
629	629	610pregnancy throughout the duration of the surrogacy agreement, including during attempts to
630	630	611become pregnant, pregnancy, labor and delivery and post-partum. The surrogacy agreement shall
631	631	612not infringe upon the right of the surrogate to autonomy in medical decision making, including,
632	632	613but not limited to, whether to consent to a caesarean section and whether to undergo multiple
633	633	614embryo transfers. Except as otherwise provided by law, any written or oral agreement purporting
634	634	615to waive or limit these rights shall be void as against public policy.
635	635	616 (d) The surrogacy agreement shall include information about the right of each party to
636	636	617terminate the surrogacy agreement.
637	637	618 (e) Rights created under a surrogacy agreement shall not be assignable and there shall be
638	638	619no third-party beneficiary to a surrogacy agreement other than the resulting child of the
639	639	620surrogacy.
640	640	621 (f) A surrogacy agreement may provide for: (i) payment of consideration and reasonable
641	641	622expenses; and (ii) reimbursement of specific expenses if the agreement is terminated pursuant to
642	642	623this chapter.
643	643	624 Section 28D. Unless a surrogacy agreement expressly provides otherwise: (i) the validity
644	644	625of a surrogacy agreement shall not be affected by the marriage of the surrogate or of an intended 31 of 42
645	645	626parent after the surrogacy agreement has been signed by all parties and in such instances: (A) the
646	646	627surrogate’s spouse’s or intended parent’s spouse’s consent to the surrogacy agreement shall not
647	647	628be required; and (B) the surrogate’s spouse or intended parent’s spouse shall not be a presumed
648	648	629parent of a child conceived by assisted reproduction under the surrogacy agreement; or (ii) the
649	649	630divorce or marriage annulment of the surrogate or of an intended parent after the surrogacy
650	650	631agreement has been signed by all parties shall not affect the validity of the surrogacy agreement.
651	651	632 Section 28E. After the execution of a surrogacy agreement and before the date of
652	652	633termination of the surrogacy agreement pursuant its terms or 180 days after the birth of a child
653	653	634conceived by assisted reproduction under the surrogacy agreement, whichever occurs earlier, the
654	654	635court conducting a proceeding under sections 28 to 28P, inclusive, shall have exclusive,
655	655	636continuing jurisdiction over all matters arising out of the surrogacy agreement; provided,
656	656	637however, that the court shall not have jurisdiction over a child custody or child support
657	657	638proceeding if jurisdiction is not otherwise authorized by the laws of the commonwealth.
658	658	639 Section 28F. (a) A party to a gestational surrogacy agreement may terminate the
659	659	640agreement at any time before an embryo transfer or implantation by giving written notice of
660	660	641termination to all other parties. If an embryo transfer or implantation does not result in
661	661	642pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer
662	662	643or implantation.
663	663	644 (b) Unless a gestational surrogacy agreement provides otherwise, upon termination of the
664	664	645agreement under subsection (a), the parties shall be released from the agreement; provided,
665	665	646however, that the intended parent or parents remain responsible for expenses that are 32 of 42
666	666	647reimbursable under the agreement and incurred by the gestational surrogate through the date of
667	667	648the termination of the agreement.
668	668	649 (c) Except in a case involving fraud, neither a gestational surrogate nor the surrogate’s
669	669	650spouse or former spouse, if any, shall be liable to the intended parent or parents for punitive or
670	670	651liquidated damages for terminating a gestational surrogacy agreement in compliance with this
671	671	652section.
672	672	653 Section 28G. (a) Except as otherwise provided in subsection (c), or sections 28H or 28J,
673	673	654upon the birth of a child conceived by assisted reproduction under a gestational surrogacy
674	674	655agreement, each intended parent shall be, by operation of law, a parent of the child. Parental
675	675	656rights shall vest exclusively in the intended parent or parents immediately upon birth of the
676	676	657resulting child.
677	677	658 (b) Except as otherwise provided in subsection (c) or section 28J, a person acting as
678	678	659gestational surrogate or such person’s spouse or former spouse, if any, shall not be, by operation
679	679	660of law, a parent of the child.
680	680	661 (c) If a child is alleged to be a genetic child of the gestational surrogate, the court shall,
681	681	662upon finding sufficient evidence, order genetic testing of the child. If the child is a genetic child
682	682	663of the gestational surrogate, parentage shall be determined in accordance with sections 1 to 27,
683	683	664inclusive.
684	684	665 (d) Except as otherwise provided in subsection (c),section 28H or section 28I, if, due to a
685	685	666clinical or laboratory error, a child conceived by assisted reproduction under a gestational
686	686	667surrogacy agreement is not genetically related to an intended parent or a donor who donated to
687	687	668the intended parent or parents, each intended parent shall be a parent of the child and the person 33 of 42
688	688	669acting as gestational surrogate and their spouse or former spouse, if any, shall not be a parent of
689	689	670the child.
690	690	671 (e) This section shall apply to an intended parent, including an intended parent who dies
691	691	672during the period between the transfer or implantation of a gamete or embryo and the birth of the
692	692	673child.
693	693	674 Section 28H. Except as otherwise provided in section 28J, an intended parent shall not be
694	694	675a parent of a child conceived by assisted reproduction under a gestational surrogacy agreement if
695	695	676the intended parent dies before the transfer or implantation of a gamete or embryo unless: (i) the
696	696	677surrogacy agreement provides otherwise; and (ii) the transfer of a gamete or embryo occurs not
697	697	678later than 36 months after the death of the intended parent or birth of the child occurs not later
698	698	679than 45 months after the death of the intended parent.
699	699	680 Section 28I. (a) Except as otherwise provided in subsection (c) of section 28G or section
700	700	68128J, before, on or after the birth of a child conceived by assisted reproduction under a gestational
701	701	682surrogacy agreement, any party to the agreement may commence a proceeding for a judgment of
702	702	683parentage:
703	703	684 (i) declaring that each intended parent is a parent of the child and ordering that parental
704	704	685rights and duties vest immediately upon the birth of the child exclusively in each intended
705	705	686parent;
706	706	687 (ii) declaring that the gestational surrogate and the surrogate’s spouse or former spouse, if
707	707	688any, are not the parents of the child; 34 of 42
708	708	689 (iii) designating the content of the birth record in accordance with chapter 46 and
709	709	690directing the department of public health to designate each intended parent as a parent of the
710	710	691child;
711	711	692 (iv) to protect the privacy of the child and the parties, declaring that the court record and
712	712	693related pleadings be impounded in accordance with this section;
713	713	694 (v) if necessary, ordering that the child be surrendered to the intended parent or parents;
714	714	695 (vi) if necessary, ordering that the hospital where the child will be or has been born, treat
715	715	696the intended parent or parents as the sole legal parent or parents for the purpose of naming and
716	716	697medical decisions; and
717	717	698 (vii) for other relief the court determines necessary and proper.
718	718	699 (b) The court may issue an order or judgment under subsection (a) before or after the
719	719	700birth of the child, as requested by the parties.
720	720	701 (c) The commonwealth, the department of public health, the town or city clerk and the
721	721	702hospital where the child is born or is intended to be born shall not be necessary parties to a
722	722	703proceeding under subsection (a). Any party to the surrogacy agreement not joining in the action
723	723	704shall be provided with notice of the proceeding.
724	724	705 (d) A complaint filed pursuant to this section shall include: (i) a copy of the executed
725	725	706surrogacy agreement; (ii) a sworn affidavit of the assisted reproductive physician confirming that
726	726	707the child was conceived pursuant to assisted reproduction; and (iii) certifications from the
727	727	708attorneys representing the intended parent or parents and the gestational surrogate that the
728	728	709requirements of sections 28A, 28B and 28C have been met. A complaint supported by such 35 of 42
729	729	710affidavit and certifications shall be sufficient to establish parentage and a hearing shall not be
730	730	711required unless the court requires additional information which cannot reasonably be ascertained
731	731	712without a hearing.
732	732	713 (e) Upon a finding by a preponderance of the evidence that the complaint satisfies
733	733	714subsection (d), a court shall expeditiously, but not later than 60 days from the docketing of the
734	734	715complaint, issue a judgment of parentage. Parentage judgments issued under this section shall
735	735	716conclusively establish or affirm, where applicable, the parent-child relationship for all purposes.
736	736	717Custody, parenting time, visitation and child support for a nonmarital child shall be determined
737	737	718in accordance with applicable laws, rules, regulations, orders and guidelines.
738	738	719 (f) In the event the certification required by subsection (d) cannot be made because of a
739	739	720technical or nonmaterial deviation from the requirements of sections 28A, 28B and 28C, the
740	740	721court may enforce the agreement and issue a judgment of parentage if the court determines the
741	741	722agreement is in substantial compliance with the requirements of said sections.
742	742	723 (g) At the request of a party, the court shall close a proceeding under this section to the
743	743	724general public. All complaints, pleadings, papers or documents filed pursuant to this section, and
744	744	725docket entries, shall not be available for inspection unless the court where such records are kept,
745	745	726for good cause shown, otherwise orders or unless requested by the child or the parties. All such
746	746	727complaints, pleadings, papers or documents shall be segregated.
747	747	728 Section 28J. (a) A gestational surrogacy agreement that substantially complies with
748	748	729sections 28A, 28B and 28C shall be enforceable.
749	749	730 (b) If a child was conceived by assisted reproduction under a gestational surrogacy
750	750	731agreement that does not substantially comply with sections 28A, 28B and 28C, the court shall 36 of 42
751	751	732determine the rights and duties of the parties to the agreement consistent with the intent of the
752	752	733parties at the time of execution of the agreement. Each party to the agreement and any person
753	753	734who at the time of the execution of the agreement was a spouse of a party to the agreement shall
754	754	735have standing to commence a proceeding to adjudicate an issue related to the enforcement of the
755	755	736agreement.
756	756	737 (c) Except as expressly provided in a gestational surrogacy agreement or subsection (d)
757	757	738or (e), if the agreement is breached by the gestational surrogate or 1 or more intended parents,
758	758	739the non-breaching party shall be entitled to the remedies available at law or in equity.
759	759	740 (d) Specific performance shall not be an available remedy for breach by a gestational
760	760	741surrogate of a provision in an agreement that the gestational surrogate become pregnant,
761	761	742terminate or not terminate a pregnancy or submit to medical procedures.
762	762	743 (e) Except as otherwise provided in subsection (d), if an intended parent is determined to
763	763	744be a parent of the child pursuant to this chapter, specific performance shall be a remedy available
764	764	745for: (i) breach of the agreement by a gestational surrogate which prevents the intended parent
765	765	746from exercising, immediately on birth of the child, the full rights of parentage; or (ii) breach by
766	766	747the intended parent which prevents the intended parent’s acceptance, immediately on birth of the
767	767	748child conceived by assisted reproduction under the agreement, of the duties of parentage.
768	768	749 Section 28K. (a) Except as otherwise provided in section 28N, a genetic surrogacy
769	769	750agreement shall be validated by a probate and family court. A proceeding to validate the
770	770	751agreement shall be commenced before assisted reproduction related to the surrogacy agreement.
771	771	752A complaint filed pursuant to this section shall include: (i) a copy of the executed surrogacy 37 of 42
772	772	753agreement; and (ii) certifications from the legal representatives of the intended parent or parents
773	773	754and the genetic surrogate that the requirements of sections 28A, 28B and 28C have been met.
774	774	755 (b) The court shall issue an order validating a genetic surrogacy agreement, within 60
775	775	756days of the commencement of such a proceeding, if the court finds by a preponderance of the
776	776	757evidence that: (i) sections 28A, 28B and 28C are satisfied; and (ii) all parties entered into the
777	777	758agreement voluntarily and understand its terms.
778	778	759 (c) A person who terminates a genetic surrogacy agreement under section 28L shall file
779	779	760notice of the termination with the court and parties. On receipt of the notice, the court shall
780	780	761vacate any order issued under subsection (b).
781	781	762 Section 28L. (a) An intended parent or genetic surrogate who is a party to the surrogacy
782	782	763agreement may terminate the agreement at any time before a gamete or embryo transfer or
783	783	764implantation by giving notice of termination in writing to all other parties. If a gamete or embryo
784	784	765transfer or implantation does not result in a pregnancy, a party may terminate the agreement at
785	785	766any time before a subsequent gamete or embryo transfer or implantation. The party’s signature
786	786	767on a notice of termination shall be attested by a notary.
787	787	768 (b) An intended parent or genetic surrogate who terminates the agreement after the court
788	788	769issues an order validating the agreement under sections 28K or 28N, but before the genetic
789	789	770surrogate becomes pregnant by means of assisted reproduction, shall file notice of the
790	790	771termination with the court.
791	791	772 (c) A person shall not terminate a validated genetic surrogacy agreement if a gamete or
792	792	773embryo transfer or implantation has resulted in a pregnancy. 38 of 42
793	793	774 (d) Upon the termination of the genetic surrogacy agreement, the parties shall be released
794	794	775from all obligations under the agreement except that any intended parent or parents shall remain
795	795	776responsible for all expenses incurred by the genetic surrogate through the date of the termination
796	796	777which are reimbursable under the agreement. Unless the agreement provides otherwise, the
797	797	778genetic surrogate is not entitled to any non-expense related compensation paid for acting as a
798	798	779surrogate.
799	799	780 (e) Except in a case involving fraud, neither a genetic surrogate nor their spouse or
800	800	781former spouse, if any, shall be liable to the intended parent or parents for punitive or liquidated
801	801	782damages, for terminating a genetic surrogacy agreement in compliance with this section.
802	802	783 Section 28M. (a) Upon the birth of a child conceived by assisted reproduction under a
803	803	784genetic surrogacy agreement validated pursuant to section 28K or 28N, each intended parent
804	804	785shall be a parent of the resulting child.
805	805	786 (b) Upon the birth of a child conceived by assisted reproduction under a genetic
806	806	787surrogacy agreement validated under section 28K or 28N, the intended parent or parents shall
807	807	788file a notice with the court that validated said agreement that a child has been born as a result of
808	808	789assisted reproduction under that agreement. Upon receiving such notice, the court shall
809	809	790immediately, or as soon as practicable, issue an order without notice and hearing:
810	810	791 (i) declaring that any intended parent or parents is a parent of a child conceived by
811	811	792assisted reproduction under the agreement and ordering that parental rights and duties vest
812	812	793exclusively in any intended parent;
813	813	794 (ii) declaring that the genetic surrogate and their spouse or former spouse, if any, are not
814	814	795parents of the child; 39 of 42
815	815	796 (iii) designating the contents of the birth certificate in accordance with chapter 46 and
816	816	797directing the department of public health to designate any intended parent as a parent of the
817	817	798child;
818	818	799 (iv) to protect the privacy of the child and the parties, declaring that the court record and
819	819	800related pleadings be impounded in accordance with section 28I;
820	820	801 (v) if necessary, ordering that the child be surrendered to the intended parent or parents;
821	821	802and
822	822	803 (vi) for other relief the court determines necessary and proper.
823	823	804 (c) Except as otherwise provided in subsection (d) or section 28O, if, due to a clinical or
824	824	805laboratory error, a child conceived by assisted reproduction under a genetic surrogacy agreement
825	825	806is not genetically related to an intended parent or a donor who donated to the intended parent or
826	826	807parents, each intended parent and not the genetic surrogate and their spouse or former spouse, if
827	827	808any, shall be a parent of the child.
828	828	809 (d) If a child born to a genetic surrogate is alleged not to have been conceived by assisted
829	829	810reproduction, the court may, upon finding sufficient evidence, order genetic testing to determine
830	830	811the genetic parentage of the child. If the child was not conceived by assisted reproduction and the
831	831	812second source of genetic material is the spouse of the genetic surrogate, then the surrogate and
832	832	813the spouse shall be found to be the parents of the child. If the second genetic source is a person
833	833	814other than the spouse of the surrogate, then parentage shall be determined as provided in sections
834	834	8151 to 27, inclusive; provided, however, that if the second genetic source is an intended parent, the
835	835	816court, in its sole discretion, shall determine parentage under sections 1 to 27, inclusive. Unless
836	836	817the genetic surrogacy agreement provides otherwise, the genetic surrogate shall not be entitled to 40 of 42
837	837	818any non-expense related compensation paid for acting as a surrogate if the child was not
838	838	819conceived by assisted reproduction.
839	839	820 (e) If an intended parent fails to file the notice required under subsection (b), the person
840	840	821acting as genetic surrogate may file with the court, not later than 60 days after the birth of a child
841	841	822conceived by assisted reproduction under the genetic surrogacy agreement, notice that the child
842	842	823has been born to the genetic surrogate. On proof of a court order issued under sections 28K or
843	843	82428N validating the agreement, the court shall order that each intended parent is a parent of the
844	844	825child.
845	845	826 Section 28N. (a) A genetic surrogacy agreement, whether or not in writing, that is not
846	846	827validated under section 28K shall be enforceable only to the extent provided in this section and
847	847	828section 28P.
848	848	829 (b) If all parties agree, a court may validate a genetic surrogacy agreement after assisted
849	849	830reproduction has occurred and before the birth of a child conceived by assisted reproduction
850	850	831under the agreement if the court finds by a preponderance of the evidence that: (i) sections 28A,
851	851	83228B or 28C are satisfied; and (ii) all parties entered into the agreement voluntarily and
852	852	833understand its terms.
853	853	834 (c) If a child conceived by assisted reproduction under a genetic surrogacy agreement that
854	854	835is not validated under section 28K or subsection (b) is born, the genetic surrogate shall not
855	855	836automatically be a parent and the court shall adjudicate parentage of the child based on the best
856	856	837interest of the child, taking into account the factors in subsection (a) of section 26 and the intent
857	857	838of the parties at the time of the execution of the agreement. 41 of 42
858	858	839 (d) The parties to a genetic surrogacy agreement shall have standing to commence a
859	859	840proceeding to adjudicate parentage under this section.
860	860	841 Section 28O. (a) Except as otherwise provided in sections 28M or 28N, upon the birth of
861	861	842a child conceived by assisted reproduction under a genetic surrogacy agreement, each intended
862	862	843parent shall be, by operation of law, a parent of the child, notwithstanding the death of an
863	863	844intended parent during the period between the transfer of a gamete or embryo and the birth of the
864	864	845child.
865	865	846 (b) Except as otherwise provided in sections 28M or 28N, an intended parent shall not be
866	866	847a parent of a child conceived by assisted reproduction under a genetic surrogacy agreement if the
867	867	848intended parent dies before the transfer of a gamete or embryo unless: (i) the agreement provides
868	868	849otherwise; and (ii) the transfer of the gamete or embryo occurs not later than 36 months after the
869	869	850death of the intended parent, or birth of the child occurs not later than 45 months after the death
870	870	851of the intended parent.
871	871	852 Section 28P. (a) Subject to subsection (d) of section 28L, if a genetic surrogacy
872	872	853agreement is breached by a genetic surrogate or 1 or more intended parents, the non-breaching
873	873	854party is entitled to the remedies available at law or in equity.
874	874	855 (b) Specific performance shall not be an available remedy for breach by a genetic
875	875	856surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the
876	876	857genetic surrogate become pregnant, terminate or not terminate a pregnancy or submit to medical
877	877	858procedures.
878	878	859 (c) Except as otherwise provided in subsection (b), specific performance shall be a
879	879	860remedy available for: (i) breach of a validated genetic surrogacy agreement by a genetic 42 of 42
880	880	861surrogate of a requirement which prevents an intended parent from exercising, immediately upon
881	881	862birth of the child, the full rights of parentage; or (ii) breach by an intended parent which prevents
882	882	863the intended parent’s acceptance, immediately upon birth of the child, of the duties of parentage.
883	883	864 SECTION 66. The trial court of the commonwealth, in accordance with section 24 of
884	884	865chapter 209C of the General Laws, shall update existing forms and promulgate new forms as
885	885	866necessary for use under said chapter 209C, which shall be in such form and language to permit a
886	886	867person to prepare and file such forms pro se.
887	887	868 SECTION 67. This act shall take effect on January 1, 2025.