Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1130

Introduced
2/16/23  

Caption

Relative to parentage to promote children's security

Impact

The legislation has significant implications for state laws governing family and parental rights. It reinforces the notion that every child, irrespective of the marital status or gender of their parents, possesses the same legal rights. This shift not only addresses the rights of children born through assisted reproduction but also ensures broader legal recognition for same-sex couples and single parents. Furthermore, the bill stipulates that parental rights will vest immediately upon birth under specific agreements, thus protecting the rights of intended parents in surrogacy arrangements.

Summary

Bill S1130, titled 'An Act relative to parentage to promote children's security,' was introduced to ensure that all children have equal rights and protections under the law regardless of familial circumstances. The bill seeks to amend various sections of Chapter 209C of the General Laws of Massachusetts, effectively updating legal language to be more inclusive of diverse family structures. It replaces terms like 'paternity' with 'parentage', and 'mother/father' with more neutral terms such as 'person who gave birth' or 'other parent'. This change is aimed at reflecting modern reproductive practices and family dynamics, particularly concerning assisted reproduction and surrogacy implications.

Contention

The bill has generated both support and opposition among various stakeholders. Proponents argue that the updates are crucial for ensuring equitable treatment for all children and parents, aligning legal frameworks with contemporary societal norms. On the other hand, critics have raised concerns about potential implications for traditional family structures and the complexity it might introduce into legal disputes over parentage. The discussions reflect a broader societal debate about the intersection of law, family rights, and evolving family dynamics.

Companion Bills

MA H1602

Similar To Relative to parentage to promote children's security

MA H4672

Replaced by To ensure legal parentage equality

Similar Bills

MA S947

To ensure legal parentage equality

MA H1602

Relative to parentage to promote children's security

MA H1713

To ensure legal parentage equality

HI SB1231

Relating To Parentage.

HI HB1193

Relating To Parentage.

PA HB350

In intestate succession, further providing for rules of succession; in administration and personal representatives, providing for liability of executor; in proceedings prior to petition to adopt, further providing for rules of succession, for hearing, for alternative procedure for relinquishment and for hearing; in support matters generally, further providing general administration of support matters, repealing provisions relating to paternity and further providing for continuing jurisdiction over support orders; in general provisions relating to children and minors, repealing provisions relating to acknowledgment and claim of paternity; in jurisdiction, further providing for bases for jurisdiction over nonresident; enacting the Uniform Parentage Act; providing for parent-child relationship for certain individuals, for voluntary acknowledgment of parentage, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors; and, in organization and jurisdiction of courts of common pleas, further providing for original jurisdiction and venue.

HI SB2747

Relating To The Uniform Parentage Act.

MI HB5207

Family law: other; surrogate parenting act; repeal, and establish the assisted reproduction and surrogacy parentage act. Creates new act & repeals 1988 PA 199 (MCL 722.851 - 722.863). TIE BAR WITH: HB 5208'23, HB 5209'23, HB 5210'23, HB 5211'23, HB 5212'23, HB 5213'23, HB 5214'23, HB 5215'23