Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1130 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1356 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1130
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to parentage to promote children's security.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and MiddlesexAdam Scanlon14th Bristol1/24/2023Michael J. BarrettThird Middlesex1/31/2023 1 of 60
16	16	SENATE DOCKET, NO. 1356 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1130
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1130) of Bruce E. Tarr, Adam Scanlon
19	19	and Michael J. Barrett for legislation relative to parentage to promote children's security. The
20	20	Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1133 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to parentage to promote children's security.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 1 of chapter 209C of the General Laws, as appearing in the 2018
32	32	2Official Edition, is hereby amended in line 3 by inserting after the word “children.” the
33	33	3following sentence:- It is the public policy of the Commonwealth under this chapter, as well as
34	34	4under chapter 209E, that every child has the same rights and protections under law as any other
35	35	5child without regard to the marital status or gender of the parents or the circumstances of the
36	36	6birth of the child, including whether the child was born as a result of assisted reproduction or
37	37	7surrogacy.
38	38	8 SECTION 1A. Section 1 of chapter 209C of the General Laws, as so appearing, is hereby
39	39	9amended by striking out, in line 11-12, the words “a man and woman” and inserting in place
40	40	10thereof the following word:- people. 2 of 60
41	41	11 SECTION 1B. Said section 1 of chapter 209C of the General Laws, as so appearing, is
42	42	12hereby amended by striking out, in lines 7 and 8, and in lines 14, 15 and 17, the word “paternity”
43	43	13and inserting in place thereof, in each instance, the following word:- parentage.
44	44	14 SECTION 2. Said section 1 of said chapter 209C, as so appearing, is hereby further
45	45	15amended by striking out, in line 11 and in line 20, the words “child born out of wedlock” and
46	46	16inserting in place thereof, in each instance, the following words:- nonmarital child.
47	47	17 SECTION 3. Section 2 of said chapter 209C, as so appearing, is hereby amended by
48	48	18striking out, in line 1, the word “Paternity” and inserting in place thereof the following word:-
49	49	19Parentage.
50	50	20 SECTION 4. Said section 2 of said chapter 209C, as so appearing, is hereby further
51	51	21amended by striking out, in lines 12, 13, 16, and in line 18, the word “paternity” and inserting in
52	52	22place thereof, in each instance, the following word:- parentage.
53	53	23 SECTION 5. Said section 2 of said chapter 209C, as so appearing, is hereby further
54	54	24amended by striking out, in line 5, the words “paternity filed pursuant to this chapter” and
55	55	25inserting in place thereof the following words:- parentage filed pursuant to this chapter or chapter
56	56	26209E.
57	57	27 SECTION 6. Section 3 of said chapter 209C, as so appearing, is hereby amended by
58	58	28striking out, in lines 3, 7, lines 35 and 36, and in line 51, the word “paternity” and inserting in
59	59	29place thereof, in each instance, the following word:- parentage. 3 of 60
60	60	30 SECTION 7. Said section 3 of said chapter 209C, as so appearing, is hereby further
61	61	31amended by inserting after the word “parentage”, in line 4, the following words:- under this
62	62	32chapter.
63	63	33 SECTION 8. Section 4 of said chapter 209C, as so appearing, is hereby amended by
64	64	34striking out, in lines 1 and 11, the word “paternity”, and inserting in place thereof, in each
65	65	35instance, the following word:- parentage.
66	66	36 SECTION 9. Section 5 of said chapter 209C, as so appearing, is hereby amended by
67	67	37striking out, in lines 1 and 2, lines 19, 35, 55, 60 and 62, the word “paternity” and inserting in
68	68	38place thereof, in each instance, the following word:- parentage.
69	69	39 SECTION 10. Said section 5 of said chapter 209C, as so appearing, is hereby further
70	70	40amended by inserting after the word “mother”, in lines 3, 7, the first time it appears, and in line
71	71	4117, the following words:- person who gave birth.
72	72	42 SECTION 11. Said section 5 of said chapter 209C, as so appearing, is hereby further
73	73	43amended by striking out, in line 4, the words “the mother” and inserting in place thereof the
74	74	44following words:- that person.
75	75	45 SECTION 12, Said section 5 of said chapter 209C, as so appearing, is hereby further
76	76	46amended by striking out, in line 4 and in line 9, the second time it appears, the word “father” and
77	77	47inserting in place thereof, in each instance, the following words:- other parent.
78	78	48 SECTION 13. Said section 5 of said chapter 209C, as so appearing, is hereby further
79	79	49amended by striking out, in lines 4 and 21, the word “himself” and inserting in place thereof, in
80	80	50each instance, the following word:- themselves. 4 of 60
81	81	51 SECTION 14. Said section 5 of said chapter 209C, as so appearing, is hereby further
82	82	52amended by striking out, in lines 21 and 22, the words “mother’s husband” and inserting in place
83	83	53thereof the following word:- spouse.
84	84	54 SECTION 15. Said section 5 of said chapter 209C, as so appearing, is hereby amended
85	85	55by striking out, in lines 24 to 37, inclusive, the words “mother and the putative father, whether
86	86	56either or both is a minor, and may be registered pursuant to section 11 only if the signatures of
87	87	57the mother and the father are notarized. If the mother of the child was or is married and the
88	88	58child’s birth occurs during the marriage or within 300 days of its termination by divorce, a
89	89	59voluntary acknowledgment of parentage naming the putative father may be executed by the
90	90	60mother and the putative father only if the mother and the person who was the spouse of the
91	91	61mother at the time of the child’s birth or conception sign an affidavit denying that the spouse is
92	92	62the father of the child; provided, however, that where the marriage has been terminated by
93	93	63annulment or by the death of either spouse, paternity of the putative father may only be
94	94	64established by filing a complaint to establish paternity as provided in this chapter. A mother and
95	95	65a putative father” and inserting in place thereof the following words:- person who gave birth and
96	96	66either a presumed parent or alleged genetic parent as provided in this chapter or an intended
97	97	67parent as provided in Article 6 of chapter 209E, whether either or both is a minor and may be
98	98	68registered pursuant to section 11 only if the signatures of both signatories are notarized or
99	99	69witnessed. If the person who gave birth to the child was or is married and the child’s birth occurs
100	100	70during the marriage or within 300 days of its termination by divorce, a voluntary
101	101	71acknowledgment of parentage naming the other parent may be executed by the person who gave
102	102	72birth and the other parent only if the person who gave birth and the person who was the spouse
103	103	73of the person who gave birth at the time of the child’s birth or conception sign an affidavit 5 of 60
104	104	74denying that the spouse is the parent of the child; provided, however, that where the marriage has
105	105	75been terminated by annulment or by the death of either spouse, parentage of the other parent may
106	106	76only be established by filing a complaint to establish parentage as provided in this chapter. A
107	107	77person who gave birth and the other parent.
108	108	78 SECTION 15A. Subsection (b) of said section 5 of said chapter 209C, as so appearing, is
109	109	79hereby further amended in line 50 by inserting, after the word “chapter.” the following sentence:-
110	110	80For the purposes of this chapter the term “alleged genetic parent”, means an individual who is
111	111	81alleged to be, or alleges that the individual is, a genetic parent or possible genetic parent of a
112	112	82child whose parentage has not been adjudicated. The term includes a putative parent, an alleged
113	113	83genetic father and alleged genetic mother. The term does not include: (A) a presumed parent; (B)
114	114	84an individual whose parental rights have been terminated or declared not to exist; or (C) a donor,
115	115	85as defined in chapter 209E, section 102.
116	116	86 SECTION 16. Section 6 of said chapter 209C, as so appearing, is hereby amended by
117	117	87striking out, in lines 1 and 2, the words “In all actions under this chapter a man is presumed to be
118	118	88the father of a child and must be joined as a party” and inserting in place thereof the following
119	119	89words:- A person is presumed to be the parent of a child and shall be joined as a party in all
120	120	90actions under this chapter.
121	121	91 SECTION 17. Said section 6 of said chapter 209C, as so appearing, is hereby further
122	122	92amended by striking out, in lines 3, 6, 11,14, 16, 18 and 26, the word “he” and inserting in place
123	123	93thereof, in each instance, the following words:- the person. 6 of 60
124	124	94 SECTION 18. Said section 6 of said chapter 209C, as so appearing, is hereby further
125	125	95amended by striking out, in lines 3, 7 and 32, the word “mother” and inserting in place thereof, in
126	126	96each instance, the following words:- person who gave birth.
127	127	97 SECTION 19. Said section 6 of said chapter 209C, as so appearing, is hereby further
128	128	98amended by striking out, in lines 21 to 23, inclusive, the words “he has acknowledged paternity
129	129	99in a parental responsibility claim as provided in section four A of chapter two hundred and ten
130	130	100and the mother” and inserting in place thereof the following words:- the person has
131	131	101acknowledged parentage in a parental responsibility claim as provided in section 4A of chapter
132	132	102210 and the person who gave birth.
133	133	103 SECTION 20. Said section 6 of said chapter 209C, as so appearing, is hereby further
134	134	104amended by striking out subsection (b) and inserting in place thereof the following subsection:-
135	135	105 (b) Notwithstanding subsection (a), a spouse or former spouse shall not be required to be
136	136	106joined as a party if that person’s non-parentage of the child has previously been adjudicated in a
137	137	107proceeding between the spouse and the person who gave birth to the child in a court or
138	138	108administrative agency of competent jurisdiction.
139	139	109 SECTION 21. Said section 6 of said chapter 209C, as so appearing, is hereby further
140	140	110amended by adding the following subsection:-
141	141	111 (d) A presumption of parentage under this section may be overcome, and competing
142	142	112claims to parentage may be resolved, only by a valid denial of parentage under section 11 of this
143	143	113chapter or as follows: 7 of 60
144	144	114 (1) A presumption of parentage cannot be overcome after the child attains 2 years of age
145	145	115unless the court determines: (i) the presumed parent is not a genetic parent, never resided with
146	146	116the child, and never held out the child as the presumed parent’s child; or (ii) the child has more
147	147	117than 1 presumed parent.
148	148	118 (2) A proceeding to challenge the marital presumption by an alleged genetic parent who
149	149	119is not a presumed parent may be permitted by a court only if the alleged genetic parent proves,
150	150	120by clear and convincing evidence, that the alleged genetic parent has a substantial parent-child
151	151	121relationship with the child. If the court permits the proceeding, the court shall adjudicate
152	152	122parentage under chapter 209E, section 511.
153	153	123 (3) The following rules apply in a proceeding to adjudicate a presumed parent’s
154	154	124parentage of a child if the individual who gave birth to the child is the only other individual with
155	155	125a claim to parentage of the child: (i) If no party to the proceeding challenges the presumed
156	156	126parent’s parentage of the child, the court shall adjudicate the presumed parent to be a parent of
157	157	127the child; (ii) If the presumed parent is identified as a genetic parent of the child and that
158	158	128identification is not successfully challenged, the court shall adjudicate the presumed parent to be
159	159	129a parent of the child; (iii) If the presumed parent is not identified as a genetic parent of the child
160	160	130and the presumed parent or the individual who gave birth to the child challenges the presumed
161	161	131parent’s parentage of the child, the court shall adjudicate the parentage of the child in the best
162	162	132interest of the child based on the factors of chapter 209E, section 511(a) and (b).
163	163	133 (4) Subject to other limitations in this part, if in a proceeding to adjudicate a presumed
164	164	134parent’s parentage of a child, another individual in addition to the individual who gave birth to 8 of 60
165	165	135the child asserts a claim to parentage of the child, the court shall adjudicate parentage under
166	166	136chapter 209E, section 511.
167	167	137 SECTION 22. Section 7 of said chapter 209C, as so appearing, is hereby amended by
168	168	138striking out, in lines 3 and 4 and in line 8, the word “paternity” and inserting in place thereof, in
169	169	139each instance, the word:- parentage.
170	170	140 SECTION 23. Section 8 of said chapter 209C, as so appearing, is hereby amended by
171	171	141striking out, in lines 1, 2, 5 and 15, the word “paternity” and inserting in place thereof the
172	172	142following word:- parentage.
173	173	143 SECTION 24. Said section 8 of said chapter 209C, as so appearing, is hereby further
174	174	144amended by striking out, in line 7, the words “mother or putative father submits” and inserting in
175	175	145place thereof the following words:- person who gave birth or alleged genetic parent submits
176	176	146sufficient evidence, which may include evidence.
177	177	147 SECTION 25. Said section 8 of said chapter 209C, as so appearing, is hereby further
178	178	148amended by striking out, in lines 12 and 13, the word “father or mother” and inserting in place
179	179	149thereof the following word:- parent
180	180	150 .SECTION 26. Said section 8 of said chapter 209C, as so appearing, is hereby further
181	181	151amended by striking out, in line 16, the word “mother” and inserting in place thereof the
182	182	152following words:- person who gave birth.
183	183	153 SECTION 26A. Section 9 of said chapter 209C, as so appearing, is hereby amended by
184	184	154striking out, in line X, the word “mother” and inserting in place thereof, the following word:
185	185	155person who gave birth. 9 of 60
186	186	156 SECTION 27. Subsection (a) of section 10 of said chapter 209C, as so appearing, is
187	187	157hereby amended by striking out the first paragraph and inserting in place thereof the following
188	188	158paragraph:-
189	189	159 Upon or after an adjudication or voluntary acknowledgment of parentage for a nonmarital
190	190	160child, the court may award custody to either parent or to them jointly or to another suitable
191	191	161person as hereafter further specified as may be appropriate in the best interests of the child.
192	192	162 SECTION 28. Said section 10 of said chapter 209C, as so appearing, is hereby further
193	193	163amended by striking out subsection (b) and inserting in place thereof the following subsection:-
194	194	164 (b) Prior to or in the absence of an adjudication or voluntary acknowledgment of
195	195	165parentage, the person who gave birth shall have custody of a nonmarital child. In the absence of
196	196	166an order or judgment of a probate and family court relative to custody, the person who gave birth
197	197	167shall continue to have custody of a child after an adjudication of parentage or voluntary
198	198	168acknowledgment of parentage.
199	199	169 SECTION 29. Section 11 of said chapter 209C, as so appearing, is hereby amended by
200	200	170striking out, in line 2, the words “putative father” and inserting in place thereof, in each instance,
201	201	171the following words:- alleged genetic parent, presumed parent or intended parent.
202	202	172 SECTION 29A. Section 11 of said chapter 209C, as so appearing, is hereby further
203	203	173amended by striking out, in line 3 the word “mother” and inserting in place thereof the following
204	204	174words:- person who gave birth to. 10 of 60
205	205	175 SECTION 29B. Section 11 of said chapter 209C, as so appearing, is hereby further
206	206	176amended by striking out, in line 21 the word “mother” and inserting in place thereof the
207	207	177following words: - person who gave birth.
208	208	178 SECTION 30. Said section 11 of said chapter 209C, as so appearing, is hereby further
209	209	179amended by striking out, in lines 7, 20, 22, 37 and 49 the word “paternity” and inserting in place
210	210	180thereof, in each instance, the following word:- parentage.
211	211	181 SECTION 31. Said section 11 of said chapter 209C, as so appearing, is hereby amended
212	212	182by striking out, in line 21, the word “father” and inserting in place thereof the following word:-
213	213	183parent.
214	214	184 SECTION 32. Said section 11 of said chapter 209C, as so appearing, is hereby further
215	215	185amended by striking out, in lines 2 and 59, the word “father” and inserting in place thereof, in
216	216	186each instance, the following words:- parent, presumed parent or intended parent.
217	217	187 SECTION 33. Said section 11 of said chapter 209C, as so appearing, is hereby further
218	218	188amended by inserting after the word “be”, in line 16, the following words:- in a record signed by
219	219	189the person who gave birth and by the individual seeking to establish a parent-child relationship
220	220	190and the signatures must be and is hereby further amended by inserting after the word “public,” in
221	221	191line 17 and in line 77, the following words:- or witnessed.
222	222	192 SECTION 34. Said section 11 of said chapter 209C, as so appearing, is hereby further
223	223	193amended by striking out, in line 43, the word “rescind” and inserting in place thereof the
224	224	194following word:- challenge. 11 of 60
225	225	195 SECTION 35. Said section 11 of said chapter 209C, as so appearing, is hereby further
226	226	196amended by striking out the tenth sentence and inserting in place thereof the following sentence:-
227	227	197If either party rescinds the acknowledgment in a timely fashion and the basis of the
228	228	198acknowledgment is genetic parentage, the court shall order genetic marker testing and proceed to
229	229	199adjudicate parentage or nonparentage in accordance with this chapter; provided, however, that
230	230	200the rescinded acknowledgment shall constitute the proper showing required for an order to
231	231	201submit to such testing; and provided, further, that the rescinded acknowledgment shall be
232	232	202admissible as evidence of the alleged genetic parent’s parentage and shall serve as sufficient
233	233	203basis for admitting the report of the results of genetic marker tests.
234	234	204 SECTION 36. Said section 11 of said chapter 209C, as so appearing, is hereby further
235	235	205amended by striking out, in line 56, the word “nonpaternity” and inserting in place thereof the
236	236	206following word:- nonparentage.
237	237	207 SECTION 37. Said section 11 of said chapter 209C, as so appearing, is hereby further
238	238	208amended by striking out, in line 59, the word “a mother and father” and inserting in place thereof
239	239	209the following words:- parents.
240	240	210 SECTION 38 . Said section 11 of said chapter 209C, as so appearing, is hereby further
241	241	211amended by adding the following subsection:-
242	242	212 (e) If there are competing claims of parentage of a child with an acknowledged parent,
243	243	213the court shall adjudicate parentage as provided in section 511 of chapter 209E.
244	244	214 SECTION 39. Section 12 of said chapter 209C, as so appearing, is hereby amended by
245	245	215striking out, in line 2, the word “paternity” and inserting in place there of the following word:-
246	246	216parentage. 12 of 60
247	247	217 SECTION 40. Section 13 of said chapter 209C, as so appearing, is hereby amended by
248	248	218striking out, in lines 1 and 2, the words “paternity or in which paternity of a child is an issue” and
249	249	219inserting in place thereof the following words:- parentage or in which parentage of a child is an
250	250	220issue pursuant to this chapter.
251	251	221 SECTION 41. Said section 13 of said chapter 209C, as so appearing, is hereby further
252	252	222amended by striking out, in lines 7 to 9, inclusive, the words “father is adjudicated not to be the
253	253	223father of the child; provided, however, that the child, the child’s mother, the person adjudicated
254	254	224to be the father” and inserting in place thereof the following words:- parent is adjudicated not to
255	255	225be the parent of the child; provided, however, that the child, the person who gave birth to the
256	256	226child, the person adjudicated to be the parent.
257	257	227 SECTION 42. Said chapter 209C is hereby further amended by striking out section 14, as
258	258	228so appearing, and inserting in place thereof the following section:-
259	259	229 Section 14. An action to establish parentage of a child pursuant to this chapter may be
260	260	230instituted during pregnancy but shall only be filed by the person to give birth or their
261	261	231representative or by the IV-D agency as set forth in chapter 119A on behalf of the person to give
262	262	232birth. In the case of any complaint brought prior to the birth of the child, no final judgment on
263	263	233the issue of parentage shall be made until after the birth of the child; provided, however, that the
264	264	234court may order temporary support or health care coverage.
265	265	235 SECTION 43. Section 16 of said chapter 209C, as so appearing, is hereby amended by
266	266	236striking out subsections (c), (d) and (e) and inserting in place thereof the following 3
267	267	237subsections:- 13 of 60
268	268	238 (c) In an action pursuant to this chapter, the person who gave birth and the alleged parent
269	269	239shall be competent to testify and no privilege or disqualification created under chapter 233 shall
270	270	240prohibit testimony by a spouse or former spouse which is otherwise competent. If the person who
271	271	241gave birth is or was married, both that person and their spouse or former spouse may testify to
272	272	242parentage of the child.
273	273	243 (d) In an action to establish parentage, testimony relating to sexual access to the person
274	274	244who gave birth by an unidentified person at any time or by an identified person at any time other
275	275	245than the probable time of conception of the child is inadmissible in evidence unless offered by
276	276	246the person who gave birth.
277	277	247 (e) In an action to establish parentage based on alleged genetic parentage, the court may
278	278	248view the person who gave birth, the child and the alleged genetic parent to note any resemblance
279	279	249among the parties notwithstanding the absence of expert testimony.
280	280	250 SECTION 44. Said section 16(f) of said chapter 209C, as so appearing, is hereby further
281	281	251amended by striking out, in line 25, the word “mother” and inserting in place thereof the
282	282	252following words:- person who gave birth.
283	283	253 SECTION 45. Said section 16 of said chapter 209C, as so appearing, is hereby amended
284	284	254by striking out subsection (g) and inserting in place thereof the following subsection:-
285	285	255 (g) All other evidence relevant to the issue of parentage of the child, custody of a child or
286	286	256support of a child shall also be admissible. 14 of 60
287	287	257 SECTION 46. Section 17 of said chapter 209C, as so appearing, is hereby amended by
288	288	258striking out, in line 1, the words “paternity of a child born out of wedlock” and inserting in place
289	289	259thereof the following words:- parentage of a nonmarital child based on alleged genetic parentage.
290	290	260 SECTION 47. Said section 17 of said chapter 209C, as so appearing, is hereby further
291	291	261amended by striking out, in lines 4, 9, 10, 13,26 and 28, the word “mother” and inserting in place
292	292	262thereof, in each instance, the following words:- person who gave birth.
293	293	263 SECTION 48. Said section 17 of said chapter 209C, as so appearing, is hereby further
294	294	264amended by striking out, in lines 4, 10, 13, lines 21 and 22, 28, 31, lines 48 and 49, both times
295	295	265they appear, the word “father” and inserting in place thereof, in each instance, the following
296	296	266words:- genetic parent.
297	297	267 SECTION 49. Said section 17 of said chapter 209C, as so appearing, is hereby further
298	298	268amended by striking out, in lines 31 and 49, the word “father” and inserting in place thereof, in
299	299	269each instance, the following words:- parent.
300	300	270 SECTION 50. Said section 17 of said chapter 209C, as so appearing, is hereby amended
301	301	271in line 56 by inserting, after the word “party.” the following sentence:- Genetic testing shall not
302	302	272be used to challenge the parentage of an individual who is a parent under Article 6 of chapter
303	303	273209E or to establish the parentage of an individual who is a donor as provided in said chapter
304	304	274209E.
305	305	275 SECTION 51. Section 21 of said chapter 209C, as so appearing, is hereby amended by
306	306	276striking out, in line 2, the word “establishing paternity shall apply” and inserting in place thereof
307	307	277the following words:- determining the existence of a father and child relationship shall apply. 15 of 60
308	308	278 SECTION 52. Section 22 of said chapter 209C, as so appearing, is hereby amended by
309	309	279striking out, in line 9, the word “or”,- and by inserting after the word “nine D”, in lines 6 and 10,
310	310	280the following words:- , or 209E.
311	311	281 SECTION 53. Section 23 of said chapter 209C, as so appearing, is hereby amended by
312	312	282striking out, in lines 1, 10, 11 and 14, the word “paternity” and inserting in place thereof, in each
313	313	283instance, the following word:- parentage.
314	314	284 SECTION 54. The General Laws are hereby amended by inserting after chapter 209D the
315	315	285following chapter:
316	316	286 Chapter 209E
317	317	287 The Massachusetts Parentage Act.
318	318	288 Article 1. GENERAL PROVISIONS
319	319	289 Section 101. This chapter may be cited as the Massachusetts Parentage Act.
320	320	290 Section 102. For the purposes of this chapter the following terms shall, unless the context
321	321	291clearly requires otherwise, have the following meanings:
322	322	292 “Acknowledged parent”, an individual who has established a parent-child relationship
323	323	293through a voluntary acknowledgement of parentage.
324	324	294 “Adjudicated parent”, an individual who has been adjudicated to be a parent of a child by
325	325	295a court with jurisdiction.
326	326	296 “Alleged genetic parent”, an individual who is alleged to be, or alleges that the individual
327	327	297is, a genetic parent or possible genetic parent of a child whose parentage has not been 16 of 60
328	328	298adjudicated. The term includes a putative parent, alleged genetic father and alleged genetic
329	329	299mother. The term does not include: (A) a presumed parent; (B) an individual whose parental
330	330	300rights have been terminated or declared not to exist; or (C) a donor.
331	331	301 “Assisted reproduction”, a method of causing pregnancy other than sexual intercourse
332	332	302and includes but is not limited to:
333	333	303 (A) intrauterine, intracervical insemination, or vaginal insemination;
334	334	304 (B) donation of gametes;
335	335	305 (C) donation of embryos;
336	336	306 (D) in-vitro fertilization and transfer of embryos; and
337	337	307 (E) intracytoplasmic sperm injection.
338	338	308 “Birth”, includes stillbirth.
339	339	309 “Child”, an individual whose parentage may be determined under this chapter.
340	340	310 “Child-support agency”, a government entity or public official authorized to provide
341	341	311parentage-establishment services under Title IV-D of the Social Security Act, 42 U.S.C. sections
342	342	312651 through 669.
343	343	313 “Determination of parentage”, establishment of a parent-child relationship by a court
344	344	314adjudication or signing of a valid acknowledgment of parentage. 17 of 60
345	345	315 “Donor”, an individual who provides a gamete or gametes or an embryo or embryos
346	346	316intended for assisted reproduction or gestation, whether or not for consideration. This term does
347	347	317not include:
348	348	318 (A) a person who gives birth to a child conceived by assisted reproduction, except as
349	349	319otherwise provided in Article 7; or
350	350	320 (B) a parent or intended parent under Article 6 or Article 7.
351	351	321 “Embryo”, a cell or group of cells containing a diploid complement of chromosomes or a
352	352	322group of such cells, not including a gamete, that has the potential to develop into a live born
353	353	323human being if transferred into the body of a person under conditions in which gestation may be
354	354	324reasonably expected to occur.
355	355	325 “Gamete”, sperm or egg.
356	356	326 “Individual”, a natural person of any age.
357	357	327 “Intended parent”, an individual, married or unmarried, who manifests an intent to be
358	358	328legally bound as a parent of a child conceived by assisted reproduction or a gestational or genetic
359	359	329carrier agreement.
360	360	330 “Marriage”, includes any legal relationship that provides substantially the same rights,
361	361	331benefits and responsibilities as marriage and is recognized as valid in the state or jurisdiction in
362	362	332which it was entered.
363	363	333 “Parent”, an individual who has established parentage that meets the requirements of this
364	364	334chapter. 18 of 60
365	365	335 “Parentage” or “parent-child relationship”, the legal relationship between a child and a
366	366	336parent of the child.
367	367	337 “Presumed parent”, an individual who under section 6 of chapter 209C is presumed to be
368	368	338a parent of a child, unless the presumption is overcome in a judicial proceeding, a valid denial of
369	369	339parentage is made under section 5 of said chapter 209C or a court adjudicates the individual to be
370	370	340a parent.
371	371	341 “Record”, information that is inscribed on a tangible medium or that is stored in an
372	372	342electronic or other medium and is retrievable in perceivable form.
373	373	343 “Sign”, with intent to authenticate or adopt a record to: (A) execute or adopt a tangible
374	374	344symbol; or (B) attach to or logically associate with the record an electronic symbol, sound or
375	375	345process.
376	376	346 “Signatory”, an individual who signs a record.
377	377	347 “State”, a state of the United States, the District of Columbia, Puerto Rico, the United
378	378	348States Virgin Islands, or any territory or insular possession under the jurisdiction of the United
379	379	349States. The term includes a federally recognized Indian tribe.
380	380	350 “Transfer”, a procedure for assisted reproduction by which an embryo or sperm is placed
381	381	351in the body of individual who will give birth to the child.
382	382	352 “Witnessed”, that at least 1 individual who is competent and disinterested has signed a
383	383	353record to verify that the individual personally observed a signatory sign the record.
384	384	354 Section 103. SCOPE. 19 of 60
385	385	355 (a) This chapter applies to an adjudication or determination of parentage.
386	386	356 (b) This chapter does not create, affect, enlarge or diminish parental rights or duties under
387	387	357the law of this state other than this chapter.
388	388	358 Section 104. AUTHORIZED COURT.
389	389	359 The probate and family court department has jurisdiction to adjudicate parentage under
390	390	360this chapter. The district, Boston municipal, and juvenile court departments shall retain
391	391	361concurrent jurisdiction over adjudication of parentage and to accept registration of voluntary
392	392	362acknowledgments of parentage as provided in section 3 of chapter 209C.
393	393	363 Section 105. APPLICABLE LAW.
394	394	364 The court shall apply the law of this state to adjudicate parentage under this chapter,
395	395	365regardless of:
396	396	366 (1) the place of birth of the child; or
397	397	367 (2) the past or present residence of the child.
398	398	368 Section 106. DATA PRIVACY.
399	399	369 A proceeding under this chapter is subject to the law of this state other than this chapter
400	400	370which governs the health, safety, privacy and liberty of a child or other individual who could be
401	401	371affected by disclosure of information that could identify the child or other individual, including
402	402	372address, telephone number, digital contact information, place of employment, Social Security
403	403	373number, and the child’s day-care facility or school.
404	404	374 Section 107. ESTABLISHMENT OF PARENTAGE. 20 of 60
405	405	375 To the extent practicable, a provision of this chapter applicable to a father-child
406	406	376relationship applies to a mother-child relationship and a provision of this chapter applicable to a
407	407	377mother-child relationship applies to a father-child relationship. This chapter is intended to allow
408	408	378access to establish parentage in a gender-neutral manner.
409	409	379 Article 2. PARENT-CHILD RELATIONSHIP
410	410	380 Section 201. ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP.
411	411	381 A parent-child relationship is established between an individual and a child by any of the
412	412	382following:
413	413	383 (1) Birth: the individual gives birth to the child, except as otherwise provided in Article 7
414	414	384of this chapter;
415	415	385 (2) Presumption: there is a presumption under section 6 of chapter 209C, unless the
416	416	386presumption is overcome in a judicial proceeding or a valid denial of parentage is made;
417	417	387 (3) Adjudication: the individual is adjudicated a parent of the child by a court with
418	418	388jurisdiction;
419	419	389 (4) Adoption: the individual adopts the child pursuant to chapter 210;
420	420	390 (5) Acknowledgment: the individual acknowledges parentage of the child under chapter
421	421	391209C, unless the acknowledgment is rescinded or successfully challenged;
422	422	392 (6) De Facto Parentage: the individual is adjudicated a de facto parent of the child under
423	423	393section 508; 21 of 60
424	424	394 (7) Assisted reproduction: the individual’s parentage of the child is established under
425	425	395Article 6 of this chapter; or
426	426	396 (8) Gestational or genetic surrogacy agreement: the individual’s parentage of the child is
427	427	397established under Article 7 of this chapter.
428	428	398 Section 202. NONDISCRIMINATION.
429	429	399 Every child has the same rights under law as any other child without regard to the marital
430	430	400status or gender of the parents or the circumstances of the birth of the child.
431	431	401 Section 203. CONSEQUENCES OF ESTABLISHING PARENTAGE. Unless parental
432	432	402rights have been terminated or an exception has been stated explicitly in this chapter, a parent-
433	433	403child relationship established under this chapter applies for all purposes, including the rights and
434	434	404duties of parentage.
435	435	405 Section 204. FULL FAITH AND CREDIT.
436	436	406 The commonwealth shall give full faith and credit to a determination of parentage from
437	437	407another state if the determination is valid and effective in accordance with the law of the other
438	438	408state.
439	439	409 Article 3. [Reserved]
440	440	410 Article 4. [Reserved]
441	441	411 Article 5. PROCEEDING TO ADJUDICATE PARENTAGE
442	442	412 Section 501. PROCEEDING AUTHORIZED. 22 of 60
443	443	413 (a) A proceeding may be commenced to adjudicate the parentage of a child as provided
444	444	414for in this chapter. Except as otherwise provided in this chapter, the proceeding is governed by
445	445	415the Massachusetts rules of domestic relations procedure.
446	446	416 (b) A proceeding to adjudicate the parentage of a child born under a surrogacy agreement
447	447	417is governed by Article 7 of this chapter.
448	448	418 Section 502. STANDING TO MAINTAIN PROCEEDING.
449	449	419 Except as otherwise provided in sections 507 through 509, a proceeding to adjudicate
450	450	420parentage under this chapter may be maintained by:
451	451	421 (1) the child;
452	452	422 (2) the individual who gave birth to the child, unless a court has adjudicated that the
453	453	423individual is not a parent of the child;
454	454	424 (3) an individual who has an established parent-child relationship under section 201 of
455	455	425this chapter;
456	456	426 (4) an individual whose parentage of the child is to be adjudicated under this chapter;
457	457	427 (5) if the child is or was a recipient of any type of public assistance, by the IV –D agency
458	458	428as set forth in chapter 119A on behalf of the department of transitional assistance, the department
459	459	429of children and families, the division of medical assistance or any other public assistance
460	460	430program of the commonwealth;
461	461	431 (6) by the authorized agent of the department of children and families or any agency
462	462	432licensed under chapter 15D provided that the child is in their custody; or, 23 of 60
463	463	433 (7) a representative authorized by law of this state other than this chapter to act for an
464	464	434individual who otherwise would be entitled to maintain a proceeding but is deceased,
465	465	435incapacitated or a minor.
466	466	436 Section 503. NOTICE OF PROCEEDING.
467	467	437 (a) The plaintiff shall give notice of a proceeding to adjudicate parentage under Article 5
468	468	438to the following individuals:
469	469	439 (1) the individual who gave birth to the child, unless a court has adjudicated that this
470	470	440individual is not a parent of the child;
471	471	441 (2) an individual who is a parent of the child under this chapter;
472	472	442 (3) a presumed, acknowledged, or adjudicated parent of the child;
473	473	443 (4) an individual whose parentage of the child is to be adjudicated;
474	474	444 (5) the child, if the child is above the age of 14; and
475	475	445 (6) if the child is a recipient of any type of public assistance, the IV–D agency as set forth
476	476	446in chapter 119A on behalf of the department of transitional assistance, the department of children
477	477	447and families, the division of medical assistance or any other public assistance program of the
478	478	448commonwealth.
479	479	449 (b) An individual entitled to notice under subsection (a) has a right to intervene in the
480	480	450proceeding. 24 of 60
481	481	451 (c) Lack of notice required by subsection (a) does not render a judgment void. Lack of
482	482	452notice does not preclude an individual entitled to notice under subsection (a) from bringing a
483	483	453proceeding under subsection (b) of section 511.
484	484	454 (d) A donor shall not be entitled to notice.
485	485	455 Section 504. PERSONAL JURISDICTION.
486	486	456 (a) The court may adjudicate an individual’s parentage of a child only if the court has
487	487	457personal jurisdiction over the individual.
488	488	458 Section 505. VENUE.
489	489	459 Venue for a proceeding to adjudicate parentage under this chapter is in the county of this
490	490	460state in which:
491	491	461 (1) the child resides or, for the purposes of Article 6 or 7, is or will be born;
492	492	462 (2) any parent or intended parent resides;
493	493	463 (3) the defendant resides or is located if the child does not reside in this state; or
494	494	464 (4) a proceeding has been commenced for administration of the estate of an individual
495	495	465who is or may be a parent under this chapter.
496	496	466 Section 506. ADJUDICATING PARENTAGE OF CHILD WITH ALLEGED GENETIC
497	497	467PARENT.
498	498	468 A proceeding to determine whether an alleged genetic parent who is not a presumed
499	499	469parent is a parent of a child shall be commenced pursuant to chapter 209C. 25 of 60
500	500	470 Section 507. ADJUDICATING PARENTAGE OF CHILD WITH PRESUMED
501	501	471PARENT.
502	502	472 (a) A proceeding to determine whether a presumed parent is a parent of a child shall be
503	503	473commenced pursuant to chapter 209C.
504	504	474 Section 508. ADJUDICATING CLAIM OF DE FACTO PARENTAGE OF CHILD.
505	505	475 (a) A proceeding to establish parentage of a child under this section may be commenced
506	506	476only by an individual who:
507	507	477 (1) is alive when the proceeding is commenced; and
508	508	478 (2) claims to be a de facto parent of the child.
509	509	479 (b) An individual who claims to be a de facto parent of a child shall commence a
510	510	480proceeding to establish parentage of a child under this section:
511	511	481 (1) before the child attains 18 years of age; and
512	512	482 (2) while the child is alive.
513	513	483 (c) The following rules govern standing of an individual who claims to be a de facto
514	514	484parent of a child to maintain a proceeding under this section:
515	515	485 (1) The individual shall file an initial verified pleading alleging specific facts that support
516	516	486the claim to parentage of the child asserted under this section. The verified pleading must be
517	517	487served on all parents and legal guardians of the child and any other party to the proceeding. 26 of 60
518	518	488 (2) An adverse party, parent, or legal guardian may file a pleading in response to the
519	519	489pleading filed under paragraph
520	520	490 (1). A responsive pleading must be verified and must be served on parties to the
521	521	491proceeding.
522	522	492 (3) Unless the court finds a hearing is necessary to determine disputed facts material to
523	523	493the issue of standing, the court shall determine, based on the pleadings under paragraphs (1) and
524	524	494(2), whether the individual has alleged facts sufficient to satisfy by a preponderance of the
525	525	495evidence the requirements of paragraphs (1) through (7) of subsection (d).
526	526	496 If the court holds a hearing under this subsection, the hearing shall be held on an
527	527	497expedited basis. The court may enter an interim order concerning contact between the child and
528	528	498an individual with standing seeking adjudication under this section as a de facto parent of the
529	529	499child.
530	530	500 (d) In a proceeding to adjudicate parentage of an individual who claims to be a de facto
531	531	501parent of the child, if there is only 1 other individual who is a parent or has a claim to parentage
532	532	502of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a
533	533	503parent of the child if the individual demonstrates by clear-and convincing evidence that:
534	534	504 (1) the individual resided with the child as a regular member of the child’s household for
535	535	505a significant period of time;
536	536	506 (2) the individual engaged in consistent caretaking of the child which may include
537	537	507regularly caring for the child’s needs and making day-to-day decisions regarding the child
538	538	508individually or cooperatively with another parent; 27 of 60
539	539	509 (3) the individual undertook full and permanent responsibilities of a parent of the child
540	540	510without expectation or payment of financial compensation;
541	541	511 (4) the individual held out the child as the individual’s child;
542	542	512 (5) the individual established a bonded and dependent relationship with the child, which
543	543	513is parental in nature;
544	544	514 (6) another parent of the child fostered or supported the bonded and dependent
545	545	515relationship required under paragraph (5). A parent’s consent to guardianship shall not be
546	546	516considered as evidence that a parent fostered or supported the bonded and dependent relationship
547	547	517required under (5); and
548	548	518 (7) continuing the relationship between the individual and the child is in the best interest
549	549	519of the child.
550	550	520 (e) A parent of the child may use evidence of duress, coercion, or threat of harm to
551	551	521 contest an allegation that the parent fostered or supported a bonded and dependent
552	552	522relationship as
553	553	523 provided in subsection (d)(6) of this section. Such evidence may include whether, within
554	554	524the prior ten years, the individual seeking to be adjudicated a de facto parent has been convicted
555	555	525of rape, assault with intent to commit rape, indecent assault and battery, assault or assault and
556	556	526battery on a family or household member domestic assault, of the child or a parent of the child;
557	557	527was the subject of a final abuse prevention order pursuant to Chapter 209A because the
558	558	528individual was found to have committed abuse against the child or a parent of the child; or was
559	559	529substantiated for abuse against the child or a parent. 28 of 60
560	560	530 (f) Subject to other limitations in this part, if in a proceeding to adjudicate parentage of an
561	561	531individual who claims to be a de facto parent of the child, there is more than 1 other individual
562	562	532who is a parent or has a claim to parentage of the child and the court determines that the
563	563	533requirements of subsection (d) are satisfied, the court shall adjudicate parentage under section
564	564	534511 of this chapter.
565	565	535 (g) The adjudication of an individual as a de facto parent under this section does not
566	566	536disestablish the parentage of any other parent.
567	567	537 Section 508A. ADJUDICATING PARENTAGE OF CHILD WITH ACKNOWLEDGED
568	568	538PARENT.
569	569	539 (a) If a child has an acknowledged parent, a proceeding to challenge that
570	570	540acknowledgment of parentage or a denial of parentage, brought by a signatory to the
571	571	541acknowledgment or denial, is governed by chapter 209C.
572	572	542 (b) If a child has an acknowledged parent, the following rules apply to a proceeding to
573	573	543challenge the acknowledgment of parentage or denial of parentage brought by an individual,
574	574	544other than the child, who has standing under Section 502 and was not a signatory to the
575	575	545acknowledgment or denial:
576	576	546 (i) The individual must commence the proceeding not later than one year after the
577	577	547effective date of the acknowledgment unless the individual did not know and could not have
578	578	548reasonably known of the individual’s potential parentage due to a material misrepresentation or
579	579	549concealment, in which case the proceeding shall be commenced within one year after the
580	580	550discovery of the individual’s potential parentage. 29 of 60
581	581	551 (ii) After the action is commenced, the court must first determine whether permitting the
582	582	552proceeding is in the best interests of the child.
583	583	553 (iii) If the court finds that permitting the proceeding is in the best interests of the child,
584	584	554the court shall adjudicate parentage under section 511 of this chapter.
585	585	555 Section 509. ADJUDICATING PARENTAGE OF CHILD WITH ADJUDICATED
586	586	556PARENT.
587	587	557 (a) If a child has an adjudicated parent, a proceeding to challenge the adjudication,
588	588	558brought by an individual who was a party to the adjudication or received notice, is governed by
589	589	559the rules governing a collateral attack on a judgment.
590	590	560 (b) If a child has an adjudicated parent, the following rules apply to a proceeding to
591	591	561challenge the adjudication of parentage brought by an individual, other than the child, who has
592	592	562standing under section 502 and was not a party to the adjudication and did not receive notice
593	593	563under section 503:
594	594	564 (1) the individual must commence the proceeding not later than 2 years after the effective
595	595	565date of the adjudication;
596	596	566 (2) after the action is commenced, the court must first determine whether permitting the
597	597	567proceeding is in the best interest of the child; and
598	598	568 (3) if the court finds that permitting the proceeding is in the best interests of the child, the
599	599	569court shall adjudicate parentage under section 511 of this chapter.
600	600	570 Section 510. ADJUDICATING PARENTAGE OF CHILD OF ASSISTED
601	601	571REPRODUCTION. 30 of 60
602	602	572 (a) An individual who is a parent under Article 6 of this chapter or the individual who
603	603	573gave birth to the child may bring a proceeding to adjudicate parentage. If the court determines
604	604	574the individual is a parent under Article 6, the court shall adjudicate the individual to be a parent
605	605	575of the child.
606	606	576 (b) In a proceeding to adjudicate an individual’s parentage of a child, if another
607	607	577individual other than the person who gave birth to the child is a parent under Article 6, the court
608	608	578shall adjudicate the individual’s parentage of a child under section 511 of this chapter.
609	609	579 Section 511. ADJUDICATING COMPETING CLAIMS OF PARENTAGE.
610	610	580 (a) In a proceeding to adjudicate competing claims of, or challenges under this article or
611	611	581chapter 209C to, parentage of a child by 2 or more individuals, the court shall adjudicate
612	612	582parentage in the best interest of the child, based on:
613	613	583 (1) the age of the child;
614	614	584 (2) the length of time during which each individual assumed the role of parent of the
615	615	585child;
616	616	586 (3) the nature of the relationship between the child and each individual;
617	617	587 (4) the harm to the child if the relationship between the child and each individual is not
618	618	588recognized;
619	619	589 (5) the basis for each individual’s claim to parentage of the child; and
620	620	590 (6) other equitable factors arising from the disruption of the relationship between the
621	621	591child and each individual or the likelihood of other harm to the child. 31 of 60
622	622	592 (b) If an individual challenges parentage based on the results of genetic testing, in
623	623	593addition to the factors listed in subsection (a), the court shall consider:
624	624	594 (1) the facts surrounding the discovery that the individual might not be a genetic parent of
625	625	595the child; and
626	626	596 (2) the length of time between the time that the individual was placed on notice that the
627	627	597individual might not be a genetic parent and the commencement of the proceeding.
628	628	598 (c) The court may adjudicate a child to have more than 2 parents under this chapter if the
629	629	599court finds that it is in the best interests of the child to do so. A finding of best interests of the
630	630	600child under this subsection does not require a finding of unfitness of any parent or person seeking
631	631	601an adjudication of parentage.
632	632	602 Section 512. TEMPORARY ORDER.
633	633	603 (a) In a proceeding under this article, the court may issue a temporary order for child
634	634	604support if the order is consistent with law of this state other than this chapter and the individual
635	635	605ordered to pay support is:
636	636	606 (1) a presumed parent of the child;
637	637	607 (2) petitioning to be adjudicated a parent;
638	638	608 (3) identified as a genetic parent through genetic testing pursuant to this chapter or
639	639	609chapter 209C;
640	640	610 (4) an alleged genetic parent who has declined to submit to genetic testing pursuant to
641	641	611this chapter or chapter 209C; 32 of 60
642	642	612 (5) shown by a preponderance of evidence to be a parent of the child; or
643	643	613 (6) a parent under this chapter.
644	644	614 (b) A temporary order may include a provision for custody, parenting time, and visitation
645	645	615under law of this state other than this chapter.
646	646	616 (c) If the child on whose behalf an order of support is sought is a recipient of benefits
647	647	617pursuant to chapter 117, 118 or 119 and the department of transitional assistance, the department
648	648	618of children and families, the division of medical assistance or any other public assistance
649	649	619program has not been made a party, the court shall notify the IV-D agency of the order or
650	650	620judgment of support. Each judgment or order of support which is issued pursuant to this chapter
651	651	621shall conform to and shall be enforced in accordance with the provisions of chapter one hundred
652	652	622and nineteen A.
653	653	623 Section 513. CONSOLIDATING PROCEEDINGS.
654	654	624 (a) Except as otherwise provided in subsection (b) and consistent with the jurisdiction of
655	655	625the court under the law of this state other than this chapter, the court may combine a proceeding
656	656	626to adjudicate parentage under this chapter with a proceeding for adoption, termination of parental
657	657	627rights, care and protection, child custody or parenting time or visitation, guardianship, child
658	658	628support, divorce, annulment, separate support, administration of an estate or other appropriate
659	659	629proceeding.
660	660	630 (b) A defendant may not combine a proceeding described in subsection (a) with a
661	661	631proceeding to adjudicate parentage brought under chapter 209D, the Uniform Interstate Family
662	662	632Support Act. 33 of 60
663	663	633 Section 514. PROCEEDING BEFORE BIRTH.
664	664	634 Except as otherwise provided in Article 6 and Article 7 of this chapter, a proceeding to
665	665	635adjudicate parentage may be commenced before the birth of the child and an order or judgment
666	666	636may be entered before birth, but enforcement of the order or judgment of parentage must be
667	667	637stayed until the birth of the child.
668	668	638 Section 515. COURT TO ADJUDICATE PARENTAGE.
669	669	639 The court shall adjudicate parentage of a child without a jury.
670	670	640 Section 516. HEARING; INSPECTION OF RECORDS.
671	671	641 (a) On request of a party, the court may close a proceeding under this article to the
672	672	642general public.
673	673	643 (b) All complaints, pleadings, papers or documents filed pursuant to this article, including
674	674	644docket entries, shall not be available for inspection, unless a judge of probate and family court of
675	675	645the county where such records are kept, for good cause shown, shall otherwise order or unless
676	676	646requested by the child or the parties. All such complaints, pleadings, papers or documents shall
677	677	647be segregated.
678	678	648 Section 517. DISMISSAL FOR WANT OF PROSECUTION.
679	679	649 The court may dismiss a proceeding under this chapter for want of prosecution only
680	680	650without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is
681	681	651void and has only the effect of a dismissal without prejudice.
682	682	652 Section 518. ORDER ADJUDICATING PARENTAGE. 34 of 60
683	683	653 (a) In a proceeding under this article, the court shall issue a final judgment adjudicating
684	684	654whether a person alleged or claiming to be a parent is the parent of a child.
685	685	655 (b) A final judgment under subsection (a) shall identify the child by name and date of
686	686	656birth.
687	687	657 (c) On request of a party and consistent with law of this state other than this chapter, the
688	688	658court in a proceeding under this article may order the name of the child changed.
689	689	659 (d) If the final judgment under subsection (a) is at variance with the child’s birth
690	690	660certificate, the court shall order the department of public health to issue an amended birth
691	691	661certificate.
692	692	662 Section 519. BINDING EFFECT OF DETERMINATION OF PARENTAGE.
693	693	663 a) Except as otherwise provided herein:
694	694	664 (1) a signatory to an acknowledgment of parentage or denial of parentage is bound by the
695	695	665acknowledgment and denial as provided in chapter 209C; and
696	696	666 (2) a party to an adjudication of parentage by a court acting under circumstances that
697	697	667satisfy the jurisdiction requirements of section 2-201 of chapter 209D and any individual who
698	698	668received notice of the proceeding are bound by the adjudication.
699	699	669 (b) A child is not bound by a determination of parentage under this chapter unless: (1) the
700	700	670determination as based on an unrescinded acknowledgement of parentage and the
701	701	671acknowledgment is consistent with the results of genetic testing; (2) the determination was based
702	702	672on a finding consistent with the results of genetic testing and the consistency is declared in the 35 of 60
703	703	673determination or otherwise shown; (3) the determination of parentage was made under Article 6
704	704	674or 7; or
705	705	675 (4) the child was a party or was represented by an attorney, guardian ad litem or similar
706	706	676individual in the proceeding.
707	707	677 (c) In a proceeding for divorce or annulment, the court is deemed to have made an
708	708	678adjudication of parentage of a child if the court acts under circumstances that satisfy the
709	709	679jurisdiction requirements of section 2-201 of chapter 209D, and the final order:
710	710	680 (1) expressly identifies the child as a “child of the marriage” or “issue of the marriage” or
711	711	681includes similar words indicating that both spouses are parents of the child; or
712	712	682 (2) provides for support of the child by a spouse unless that spouse’s parentage is
713	713	683disclaimed specifically in the order.
714	714	684 (d) Except as otherwise provided in subsection (b) or section 509, a determination of
715	715	685parentage may be asserted as a defense in a subsequent proceeding seeking to adjudicate
716	716	686parentage of an individual who was not a party to the earlier proceeding.
717	717	687 (e) A party to an adjudication of parentage may challenge the adjudication only under law
718	718	688of this state other than this chapter relating to appeal, vacation of judgment or other judicial
719	719	689review.
720	720	690 Article 6. ASSISTED REPRODUCTION
721	721	691 Section 601. SCOPE OF ARTICLE. 36 of 60
722	722	692 This article shall not apply to the birth of a child conceived by sexual intercourse or
723	723	693assisted reproduction by surrogacy agreement under Article 7.
724	724	694 Section 602. PARENTAL STATUS OF DONOR.
725	725	695 A donor is not a parent of a child conceived through assisted reproduction by virtue of the
726	726	696donor’s genetic connection.
727	727	697 Section 603. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
728	728	698 An individual who consents under section 604 to assisted reproduction by a person with
729	729	699the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child.
730	730	700 Section 604. CONSENT TO ASSISTED REPRODUCTION.
731	731	701 (a) Except as otherwise provided in subsection (b), the consent described in section 603
732	732	702must be in a record signed by the individual giving birth to a child conceived by assisted
733	733	703reproduction and an individual who intends to be a parent of the child.
734	734	704 (b) Failure to consent in a record as provided by subsection (a), before, on or after birth
735	735	705of the child, does not preclude the court from finding consent to parentage if the court finds by a
736	736	706preponderance of the evidence that:
737	737	707 (1) prior to conception or birth of the child, both parties agreed that they would be parents
738	738	708of the child; or
739	739	709 (2) the individual who seeks to be a parent of the child voluntarily participated in and
740	740	710consented to the assisted reproduction that resulted in the conception of the child.
741	741	711 Section 605. LIMITATION ON SPOUSE’S DISPUTE OF PARENTAGE. 37 of 60
742	742	712 (a) Except as otherwise provided in subsection (b), an individual who, at the time of a
743	743	713child’s birth, is the spouse of the person who gave birth to the child by assisted reproduction may
744	744	714not challenge the individual’s parentage of the child unless:
745	745	715 (1) not later than 2 years after the birth of the child, the spouse commences a proceeding
746	746	716to adjudicate their own parentage of the child; and
747	747	717 (2) the court finds the spouse did not consent to the assisted reproduction, before, on or
748	748	718after birth of the child, or withdrew consent under section 607.
749	749	719 (b) A proceeding by a spouse to challenge that their own parentage of a child born by
750	750	720assisted reproduction may be commenced at any time if the court determines:
751	751	721 (1) the spouse neither provided a gamete for, nor consented to, the assisted reproduction;
752	752	722 (2) the spouse and the person who gave birth to the child have not cohabited since the
753	753	723probable time of assisted reproduction; and
754	754	724 (3) the spouse never openly held out the child as their child.
755	755	725 (c) This section applies to a spouse’s dispute of parentage even if the spouse’s marriage is
756	756	726declared invalid after assisted reproduction occurs.
757	757	727 (d) The person giving birth shall not challenge a spouse’s parentage under this section.
758	758	728 Section 606. EFFECT OF CERTAIN LEGAL PROCEEDINGS REGARDING
759	759	729MARRIAGE.
760	760	730 If a marriage of a person who gives birth to a child conceived by assisted reproduction is
761	761	731terminated through divorce or annulment before transfer or implantation of gametes or embryos 38 of 60
762	762	732to the person giving birth, a former spouse of the person giving birth is not a parent of the child
763	763	733unless the former spouse consented in a record that the former spouse would be a parent of the
764	764	734child if assisted reproduction were to occur after a divorce or annulment, and the former spouse
765	765	735did not withdraw consent under section 607.
766	766	736 Section 607. WITHDRAWAL OF CONSENT.
767	767	737 (a) An individual who consents under section 604 to assisted reproduction may withdraw
768	768	738consent any time before a transfer or implantation of gametes or embryos that results in a
769	769	739pregnancy, by giving notice in a record of the withdrawal of consent to the person who agreed to
770	770	740give birth to a child conceived by assisted reproduction and to any clinic or health-care provider
771	771	741who may be facilitating the assisted reproduction. Failure to give notice to the clinic or health-
772	772	742care provider does not affect a determination of parentage under this chapter.
773	773	743 (b) An individual who withdraws consent under subsection (a) is not a parent of the child
774	774	744under this article.
775	775	745 Section 608. PARENTAL STATUS OF DECEASED INDIVIDUAL.
776	776	746 (a) If an individual who intends to be a parent of a child conceived by assisted
777	777	747reproduction dies during the period between the transfer or implantation of a gamete or embryo
778	778	748and the birth of the child, the individual’s death does not preclude the establishment of the
779	779	749individual’s parentage of the child if the individual otherwise would be a parent of the child
780	780	750under this chapter. 39 of 60
781	781	751 (b) If an individual who consented in a record to assisted reproduction by a person who
782	782	752agreed to give birth to a child dies before a transfer or implantation of gametes or embryos, the
783	783	753deceased individual is a parent of a child conceived by the assisted reproduction only if:
784	784	754 (1) either:
785	785	755 (A) the individual consented in a record that if assisted reproduction were to occur after
786	786	756the death of the individual, the individual would be a parent of the child; or
787	787	757 (B) the individual’s intent to be a parent of a child conceived by assisted reproduction
788	788	758after the individual’s death is established by a preponderance of the evidence; and
789	789	759 (2) either:
790	790	760 (A) the embryo is in utero not later than 36 months after the individual’s death; or
791	791	761 (B) the child is born not later than 45 months after the individual’s death.
792	792	762 Section 609. LABORATORY ERROR.
793	793	763 If due to a laboratory error the child is not genetically related to either the intended parent
794	794	764or parents or any donor who donated to the intended parent or parents, the intended parent or
795	795	765parents are the parents of the child unless otherwise determined by the court.
796	796	766 Section 610. LIMITATIONS ON GENETIC TESTING.
797	797	767 Genetic testing, including genetic marker testing pursuant to section 11 of chapter 209C,
798	798	768shall not be used: (1) to challenge the parentage of an individual who is a parent under this
799	799	769Article; or (2) to establish the parentage of an individual who is a donor. 40 of 60
800	800	770 Section 611. PARENTAGE JUDGMENTS OF CHILDREN BORN OF ASSISTED
801	801	771REPRODUCTION.
802	802	772 (a)A party consenting to assisted reproduction, an individual who is a parent pursuant to
803	803	773sections 603 and 604 of this chapter, an intended parent or parents or the individual giving birth
804	804	774may commence a proceeding to obtain an order:
805	805	775 (1) Declaring that the intended parent or parents are the parent or parents of the resulting
806	806	776child immediately upon birth of the child and ordering that parental rights and responsibilities
807	807	777vest exclusively in the intended parent or parents immediately upon birth of the child; and(
808	808	778 2) Designating the contents of the birth certificate and directing the department of public
809	809	779health to designate the intended parent or parents as the parent or parents of the resulting child.
810	810	780 (b) A proceeding under this section may be commenced before or after the date of birth
811	811	781of the child, though an order issued before the birth of the resulting child does not take effect
812	812	782unless and until the birth of the resulting child. Nothing in this subsection shall be construed to
813	813	783limit the court’s authority to issue other orders under any other provision of the general laws.
814	814	784 (c)Neither the state, the department of public health nor the hospital where the child is or
815	815	785expected to be born shall be a necessary party to a proceeding under this section.
816	816	786 Section 612. INSPECTION OF DOCUMENTS.
817	817	787 All complaints, pleadings, papers or documents filed pursuant to this section, including
818	818	788docket entries, shall not be available for inspection, unless a judge of probate and family court of
819	819	789the county where such records are kept, for good cause shown, shall otherwise order or unless 41 of 60
820	820	790requested by the resulting child or a party. All such complaints, pleadings, papers or documents
821	821	791shall be segregated.
822	822	792 Article 7. PARENTAGE BY SURROGACY AGREEMENT
823	823	793 PART 1 GENERAL REQUIREMENTS
824	824	794 Section 701. DEFINITIONS.
825	825	795 In this article the following terms shall, unless the context clearly requires otherwise,
826	826	796have the following meanings:
827	827	797 “Genetic surrogate”, an individual who is at least 21 years of age, is not an intended
828	828	798parent and who agrees to become pregnant through assisted reproduction using the individual’s
829	829	799own gamete, under a genetic surrogacy agreement as provided in this article.
830	830	800 “Gestational surrogate”, an individual who is at least 21 years of age, is not an intended
831	831	801parent and who agrees to become pregnant through assisted reproduction using gametes that are
832	832	802not the individual’s own, under a gestational surrogacy agreement as provided in this article.
833	833	803 “Surrogacy agreement”, an agreement between 1 or more intended parents and an
834	834	804individual who is not an intended parent in which the person agrees to become pregnant through
835	835	805assisted reproduction and which provides that each intended parent is a parent of a child
836	836	806conceived under the agreement. Unless otherwise specified, surrogacy agreement refers to both a
837	837	807gestational surrogacy agreement and a genetic surrogacy agreement.
838	838	808 Section 702. ELIGIBILITY TO ENTER GESTATIONAL OR GENETIC SURROGACY
839	839	809AGREEMENT. 42 of 60
840	840	810 (a) To execute an agreement to act as a gestational or genetic surrogate, an individual
841	841	811shall:
842	842	812 (1) be at least 21 years of age;
843	843	813 (2) previously have given birth to at least 1 child;
844	844	814 (3) complete a medical evaluation related to the surrogacy arrangement by a licensed
845	845	815medical doctor;
846	846	816 (4) complete a mental-health consultation by a licensed mental health professional; and
847	847	817 (5) have independent legal representation of the person’s choice throughout the surrogacy
848	848	818agreement regarding the terms of the surrogacy agreement and the potential legal consequences
849	849	819of the agreement and that is paid for by the intended parent or parents.
850	850	820 (b) To execute a surrogacy agreement, each intended parent, whether or not genetically
851	851	821related to the child, shall:
852	852	822 (1) be at least 21 years of age;
853	853	823 (2) complete a mental-health consultation by a licensed mental health professional; and
854	854	824 (3) have independent legal representation of the intended parent’s choice throughout the
855	855	825surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal
856	856	826consequences of the agreement.
857	857	827 Section 703. REQUIREMENTS OF GESTATIONAL OR GENETIC SURROGACY
858	858	828AGREEMENT: PROCESS. 43 of 60
859	859	829 A surrogacy agreement shall be executed in compliance with the following rules:
860	860	830 (1) At least 1 party shall be a resident of this state or, if no party is a resident of this state,
861	861	831at least 1 medical evaluation or procedure or mental-health consultation under the agreement
862	862	832shall occur in this state, or the birth is anticipated to or does occur in this state.
863	863	833 (2) An individual acting as a surrogate and each intended parent shall meet the
864	864	834requirements of section 702.
865	865	835 (3) Each intended parent, the individual acting as surrogate, and spouse, if any, of the
866	866	836individual acting as surrogate shall be parties to the agreement.
867	867	837 (4) The agreement shall be in a record signed by each party listed in paragraph (3).
868	868	838 (5) The surrogate and each intended parent shall receive a copy of the agreement.
869	869	839 (6) The signature of each party to the agreement shall be attested by a notary or
870	870	840witnessed.
871	871	841 (7) The individual acting as surrogate and, if married, the spouse of the individual acting
872	872	842as surrogate and the intended parent or parents shall have independent legal representation
873	873	843throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the
874	874	844potential legal consequences of the agreement paid for by the intended parent or parents, and
875	875	845each counsel shall be identified in the surrogacy agreement. A single attorney for the individual
876	876	846acting as surrogate and the individual’s spouse, if married, and a single attorney for the intended
877	877	847parents is sufficient to meet this requirement, provided the representation otherwise conforms to
878	878	848the Rules of Professional Conduct. 44 of 60
879	879	849 (8) The intended parent or parents shall pay for independent legal representation for the
880	880	850individual acting as surrogate and the individual’s spouse, if any.
881	881	851 (9) The agreement shall be executed before a medical procedure occurs related to
882	882	852attempting to achieve a pregnancy in the individual acting as surrogate, other than the medical
883	883	853evaluation and mental health consultation required by section 702.
884	884	854 Section 704. REQUIREMENTS OF GESTATIONAL OR GENETIC SURROGACY
885	885	855AGREEMENT: CONTENT.
886	886	856 (a) A surrogacy agreement shall comply with the following requirements:
887	887	857 (1) An individual acting as surrogate agrees to attempt to become pregnant by means of
888	888	858assisted reproduction.
889	889	859 (2) Except as otherwise provided in sections 711, 715, and 716, the individual acting as
890	890	860surrogate and the surrogate’s spouse or former spouse, if any, have no claim to parentage of a
891	891	861child conceived by assisted reproduction under the surrogacy agreement.
892	892	862 (3) The surrogate’s spouse, if any, shall acknowledge and agree to comply with the
893	893	863obligations imposed on the individual acting as surrogate by the surrogacy agreement.
894	894	864 (4) Except as otherwise provided in sections709, 712, , 715, and 716, the intended parent
895	895	865or, if there are 2 intended parents, each one jointly and severally, immediately on birth of the
896	896	866child shall be the exclusive parent or parents of the child, regardless of the number of children
897	897	867born or gender or mental or physical condition of each child.
898	898	868 (5) Except as otherwise provided in sections 709, 712, 715, and 716, the intended parent
899	899	869or, if there are 2 intended parents, each parent jointly and severally, immediately on birth of the 45 of 60
900	900	870child shall assume responsibility for the financial support of the child, regardless of the number
901	901	871of children born or the gender or mental or physical condition of each child.
902	902	872 (6) The surrogacy agreement shall include information providing that the intended parent
903	903	873or parents shall be responsible for the surrogacy-related expenses, including medical expenses, of
904	904	874the individual acting as surrogate and the medical expenses of the child.
905	905	875 (7) The intended parent or parents are liable for the surrogacy-related expenses of the
906	906	876person acting as surrogate, including expenses for health care provided for assisted reproduction,
907	907	877prenatal care, labor and delivery and for the medical expenses of the resulting child that are not
908	908	878paid by insurance. This subdivision shall not be construed to supplant any health insurance
909	909	879coverage that is otherwise available to the individual acting as surrogate or an intended parent for
910	910	880the coverage of health care costs. This subdivision shall not change the health insurance
911	911	881coverage of the individual acting as surrogate or the responsibility of the insurance company to
912	912	882pay benefits under a policy that covers a individual acting as surrogate.
913	913	883 (8) The surrogacy agreement shall not infringe on the rights of the individual acting as
914	914	884surrogate to make all health and welfare decisions regarding the person, the person's body and
915	915	885the person's pregnancy throughout the duration of the surrogacy arrangement, including during
916	916	886attempts to become pregnant, pregnancy, delivery and post-partum. The agreement shall not
917	917	887infringe upon the right of the individual acting as surrogate to autonomy in medical decision
918	918	888making by, including, but not limited to, requiring the individual acting as surrogate to undergo a
919	919	889scheduled, nonmedically indicated caesarean section or to undergo multiple embryo transfer.
920	920	890Except as otherwise provided by law, any written or oral agreement purporting to waive or limit
921	921	891the rights described in this subdivision are void as against public policy. 46 of 60
922	922	892 (9) The surrogacy agreement shall include information about each party’s right under this
923	923	893article to terminate the surrogacy agreement.
924	924	894 (b) A surrogacy agreement may provide for:
925	925	895 (1) payment of consideration and reasonable expenses; and
926	926	896 (2) reimbursement of specific expenses if the agreement is terminated under this article.
927	927	897 (c) A right created under a surrogacy agreement is not assignable and there is no third-
928	928	898party beneficiary of the agreement other than the child.
929	929	899 Section 705. SURROGACY AGREEMENT: EFFECT OF SUBSEQUENT CHANGE
930	930	900OF MARITAL STATUS.
931	931	901 (a) Unless a surrogacy agreement expressly provides otherwise:
932	932	902 (1) the marriage of an individual acting as surrogate after the surrogacy agreement is
933	933	903signed by all parties shall not affect the validity of the agreement, the spouse’s consent to the
934	934	904surrogacy agreement is not required and the surrogate’s spouse is not a presumed parent of a
935	935	905child conceived by assisted reproduction under the surrogacy agreement; and
936	936	906 (2) the divorce or annulment of the individual acting as surrogate after the surrogacy
937	937	907agreement is signed by all parties shall not affect the validity of the surrogacy agreement.
938	938	908 (b) Unless a surrogacy agreement expressly provides otherwise:
939	939	909 (1) the marriage of an intended parent after the agreement is signed by all parties shall not
940	940	910affect the validity of a surrogacy agreement, the consent of the spouse of the intended parent is 47 of 60
941	941	911not required, and the spouse of the intended parent is not, based on the surrogacy agreement, a
942	942	912parent of a child conceived by assisted reproduction under the surrogacy agreement; and
943	943	913 (2) the divorce or annulment of an intended parent after the surrogacy agreement is
944	944	914signed by all parties shall not affect the validity of the surrogacy agreement and the intended
945	945	915parents are the parents of the child.
946	946	916 Section 706. INSPECTION OF DOCUMENTS.
947	947	917 All complaints, pleadings, papers or documents filed pursuant to this section, including
948	948	918docket entries, shall not be available for inspection, unless a judge of probate and family court of
949	949	919the county where such records are kept, for good cause shown, shall otherwise order or unless
950	950	920requested by the child resulting from the surrogacy agreement or by a party to the surrogacy
951	951	921agreement. All such complaints, pleadings, papers or documents shall be segregated.
952	952	922 Section 707. EXCLUSIVE, CONTINUING JURISDICTION.
953	953	923 During the period after the execution of a surrogacy agreement until 90 days after the
954	954	924birth of a child conceived by assisted reproduction under the surrogacy agreement, a court of this
955	955	925state conducting a proceeding under this chapter has exclusive, continuing jurisdiction over all
956	956	926matters arising out of the agreement. This section does not give the court jurisdiction over a child
957	957	927custody or child support proceeding if jurisdiction is not otherwise authorized by the law of this
958	958	928state other than this chapter. PART 2. SPECIAL RULES FOR GESTATIONAL SURROGACY
959	959	929AGREEMENT
960	960	930 Section 708. TERMINATION OF GESTATIONAL SURROGACY AGREEMENT. 48 of 60
961	961	931 (a) A party to a gestational surrogacy agreement may terminate the agreement, at any
962	962	932time before an embryo transfer, by giving notice of termination in a record to all other parties. If
963	963	933an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any
964	964	934time before a subsequent embryo transfer.
965	965	935 (b) Unless a gestational surrogacy agreement provides otherwise, on termination of the
966	966	936agreement under subsection (a), the parties are released from the agreement, except that each
967	967	937intended parent remains responsible for expenses that are reimbursable under the agreement and
968	968	938incurred by the individual acting as gestational surrogate through the date of termination.
969	969	939 (c) Except in a case involving fraud, neither an individual acting as gestational surrogate
970	970	940nor the surrogate’s spouse or former spouse, if any, is liable to the intended parent or parents for
971	971	941a penalty or liquidated damages, for terminating a gestational surrogacy agreement under this
972	972	942section.
973	973	943 Section 709. PARENTAGE UNDER GESTATIONAL SURROGACY AGREEMENT.
974	974	944 (a) Except as otherwise provided in subsection (c) or section 710(b) or 712, on birth of a
975	975	945child conceived by assisted reproduction under a gestational surrogacy agreement, each intended
976	976	946parent is, by operation of law, a parent of the child. Parental rights shall vest exclusively in the
977	977	947intended parent or parents immediately upon birth of the resulting child.
978	978	948 (b) Except as otherwise provided in subsection (c) or section 712, neither an individual
979	979	949acting as gestational surrogate nor the surrogate’s spouse or former spouse, if any, is a parent of
980	980	950the child. 49 of 60
981	981	951 (c) If a child is alleged to be a genetic child of the individual who agreed to be a
982	982	952gestational surrogate, the court shall, upon finding sufficient evidence, order genetic testing of
983	983	953the child. If the child is a genetic child of the individual who agreed to be a gestational surrogate,
984	984	954parentage shall be determined based on Articles 1 through 5 of this chapter.
985	985	955 (d) Except as otherwise provided in subsection (c) or subsection (b) of section 710 or
986	986	956section 712, if, due to a clinical or laboratory error, a child conceived by assisted reproduction
987	987	957under a gestational surrogacy agreement is not genetically related to an intended parent or a
988	988	958donor who donated to the intended parent or parents, each intended parent, and not the individual
989	989	959acting as gestational surrogate and the surrogate’s spouse or former spouse, if any, is a parent of
990	990	960the child.
991	991	961 Section 710. GESTATIONAL SURROGACY AGREEMENT: PARENTAGE OF
992	992	962DECEASED INTENDED PARENT.
993	993	963 (a) Section 709 applies to an intended parent even if the intended parent died during the
994	994	964period between the transfer of a gamete or embryo and the birth of the child.
995	995	965 (b) Except as otherwise provided in section 712, an intended parent is not a parent of a
996	996	966child conceived by assisted reproduction under a gestational surrogacy agreement if the intended
997	997	967parent dies before the transfer of a gamete or embryo unless:
998	998	968 (1) the surrogacy agreement provides otherwise; and
999	999	969 (2) the transfer of a gamete or embryo occurs not later than 36 months after the death of
1000	1000	970the intended parent or birth of the child occurs not later than 45 months after the death of the
1001	1001	971intended parent. 50 of 60
1002	1002	972 Section 711. GESTATIONAL SURROGACY AGREEMENT: ORDER OR
1003	1003	973JUDGMENT OF PARENTAGE.
1004	1004	974 (a) Except as otherwise provided in subsection (c) of section 709 or section 712, before,
1005	1005	975on or after the birth of a child conceived by assisted reproduction under a gestational surrogacy
1006	1006	976agreement, any party to the agreement may commence a proceeding in the probate and family
1007	1007	977court in the county where the intended parents(s) reside, where the individual acting as a
1008	1008	978gestational surrogate resides or where the resulting child is born or expected to be born for an
1009	1009	979order or judgment of parentage:
1010	1010	980 (1) declaring that each intended parent is a parent of the child and ordering that parental
1011	1011	981rights and duties vest immediately on the birth of the child exclusively in each intended parent;
1012	1012	982 (2) declaring that the individual acting as gestational surrogate and the surrogate’s spouse
1013	1013	983or former spouse, if any, are not the parents of the child;
1014	1014	984 (3) designating the content of the birth record in accordance with chapter 46 and directing
1015	1015	985the department of public health to designate each intended parent as a parent of the child;
1016	1016	986 (4) to protect the privacy of the child and the parties, declaring that the court record and
1017	1017	987related pleadings shall be impounded in accordance with section 706;
1018	1018	988 (5) if necessary, that the child be surrendered to the intended parent or parents;
1019	1019	989 (6) if necessary, that the hospital where the child will be or has been born, treat the
1020	1020	990intended parent(s) as the sole legal parent(s) for the purpose of naming and medical decisions;
1021	1021	991and
1022	1022	992 (7) for other relief the court determines necessary and proper. 51 of 60
1023	1023	993 (a) before or after the birth of the child, as requested by the parties.
1024	1024	994 (b) The court may issue an order or judgment under subsection
1025	1025	995 (c) Neither this state or the department of public health nor any town clerk nor the
1026	1026	996hospital where the child is to be born is a necessary party to a proceeding under subsection (a).
1027	1027	997Any party to the surrogacy agreement not joining in the action shall be provided with notice of
1028	1028	998the proceeding.
1029	1029	999 (d) A complaint under this section shall be supported by the following: (i) sworn
1030	1030	1000affidavits of the parties to the surrogacy agreement and the assisted reproductive physician
1031	1031	1001demonstrating the intent of the parties for the intended parent or parents to be the sole legal
1032	1032	1002parent or parents of the child and that the child was born pursuant to assisted reproduction and
1033	1033	1003(ii) certifications from the attorneys representing the intended parent(s) and the individual acting
1034	1034	1004as gestational surrogate that the requirements of sections 702, 703 and 704 have been met. A
1035	1035	1005complaint supported by such affidavits and certifications shall be sufficient to establish
1036	1036	1006parentage, and a hearing shall not be required unless the court requires additional information
1037	1037	1007which cannot reasonably be ascertained without a hearing.
1038	1038	1008 (e) Where a complaint satisfies subsection (d), a court shall, within 30 days of the filing
1039	1039	1009of the complaint, issue an order or judgment of parentage. Such parentage orders or judgments
1040	1040	1010issued under this section shall conclusively establish or affirm, where applicable, the parent-child
1041	1041	1011relationship.
1042	1042	1012 (f) In the event the certification required by subsection (d) of this section cannot be made
1043	1043	1013because of a technical or nonmaterial deviation from the requirements of sections 702, 703 and
1044	1044	1014704 of this chapter, the court may nevertheless enforce the agreement and issue a judgment of 52 of 60
1045	1045	1015parentage if the court determines the agreement is in substantial compliance with the
1046	1046	1016requirements of said sections.
1047	1047	1017 Section 712. EFFECT OF GESTATIONAL SURROGACY AGREEMENT.
1048	1048	1018 (a) A gestational surrogacy agreement that substantially complies with sections 702, 703
1049	1049	1019and 704 is enforceable.
1050	1050	1020 (b) If a child was conceived by assisted reproduction under a gestational surrogacy
1051	1051	1021agreement that does not substantially comply with sections 702, 703 and 704, the court shall
1052	1052	1022determine the rights and duties of the parties to the agreement consistent with the intent of the
1053	1053	1023parties at the time of execution of the agreement. Each party to the agreement and any individual
1054	1054	1024who at the time of the execution of the agreement was a spouse of a party to the agreement has
1055	1055	1025standing to maintain a proceeding to adjudicate an issue related to the enforcement of the
1056	1056	1026agreement.
1057	1057	1027 (c) Except as expressly provided in a gestational surrogacy agreement or subsection (d)
1058	1058	1028or (e) of this section, if the agreement is breached by the individual acting as gestational
1059	1059	1029surrogate or 1 or more intended parents, the non-breaching party is entitled to the remedies
1060	1060	1030available at law or in equity.
1061	1061	1031 (d) Specific performance is not a remedy available for breach by an individual acting as
1062	1062	1032gestational surrogate of a provision in the agreement that the individual acting as gestational
1063	1063	1033surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical
1064	1064	1034procedures. 53 of 60
1065	1065	1035 (e) Except as otherwise provided in subsection (d), if an intended parent is determined to
1066	1066	1036be a parent of the child, specific performance is a remedy available for:
1067	1067	1037 (1) breach of the agreement by an individual acting as gestational surrogate which
1068	1068	1038prevents the intended parent from exercising immediately on birth of the child the full rights of
1069	1069	1039parentage; or
1070	1070	1040 (2) breach by the intended parent which prevents the intended parent’s acceptance,
1071	1071	1041immediately on birth of the child conceived by assisted reproduction under the agreement, of the
1072	1072	1042duties of parentage.
1073	1073	1043 PART 3. SPECIAL RULES FOR GENETIC SURROGACY AGREEMENT
1074	1074	1044 Section 713. REQUIREMENTS TO VALIDATE GENETIC SURROGACY
1075	1075	1045AGREEMENT.
1076	1076	1046 a) Except as otherwise provided in section 716, to be enforceable, a genetic surrogacy
1077	1077	1047agreement shall be validated by a probate and family court. A proceeding to validate the
1078	1078	1048agreement shall be commenced before assisted reproduction related to the surrogacy agreement.
1079	1079	1049 (b) The court shall issue an order validating a genetic surrogacy agreement if the court
1080	1080	1050finds that:
1081	1081	1051 (1) sections 702, 703 and 704 of this chapter are satisfied; and
1082	1082	1052 (2) all parties entered into the agreement voluntarily and understand its terms. 54 of 60
1083	1083	1053 (c) An individual who terminates a genetic surrogacy agreement under section 714 shall
1084	1084	1054file notice of the termination with the court and parties. On receipt of the notice, the court shall
1085	1085	1055vacate any order issued under subsection (b).
1086	1086	1056 Section 714. TERMINATION OF GENETIC SURROGACY AGREEMENT.
1087	1087	1057 (a) A party to a genetic surrogacy agreement may terminate the agreement as follows:
1088	1088	1058 An intended parent or individual acting as genetic surrogate who is a party to the
1089	1089	1059agreement may terminate the agreement at any time before a gamete or embryo transfer by
1090	1090	1060giving notice of termination in a record to all other parties. If a gamete or embryo transfer does
1091	1091	1061not result in a pregnancy, a party may terminate the agreement at any time before a subsequent
1092	1092	1062gamete or embryo transfer. The notice of termination shall be attested by a notary or witnessed.
1093	1093	1063 (b) An intended parent or individual acting as genetic surrogate who terminates the
1094	1094	1064agreement after the court issues an order validating the agreement under sections 713 or 716 of
1095	1095	1065this chapter, but before the individual acting as genetic surrogate becomes pregnant by means of
1096	1096	1066assisted reproduction, shall also file notice of the termination with such court.
1097	1097	1067 (c) A person may not terminate a validated genetic surrogacy agreement if a gamete or
1098	1098	1068embryo transfer has resulted in a pregnancy.
1099	1099	1069 (d) On termination of the genetic surrogacy agreement, the parties are released from all
1100	1100	1070obligations under the agreement except that any intended parent remains responsible for all
1101	1101	1071expenses incurred by the individual acting as genetic surrogate through the date of termination
1102	1102	1072which are reimbursable under the agreement. Unless the agreement provides otherwise, the 55 of 60
1103	1103	1073individual acting as surrogate is not entitled to any non-expense related compensation paid for
1104	1104	1074acting as a surrogate.
1105	1105	1075 (e) Except in a case involving fraud, neither an individual acting as genetic surrogate nor
1106	1106	1076the surrogate’s spouse or former spouse, if any, is liable to the intended parent or parents for a
1107	1107	1077penalty or liquidated damages, for terminating a genetic surrogacy agreement under this section.
1108	1108	1078 Section 715. PARENTAGE UNDER VALIDATED GENETIC SURROGACY
1109	1109	1079AGREEMENT.
1110	1110	1080 (a) On birth of a child conceived by assisted reproduction under a genetic surrogacy
1111	1111	1081agreement validated under section 713 or 716 of this chapter, each intended parent is, by
1112	1112	1082operation of law, a parent of the resulting child.
1113	1113	1083 (b) On birth of a child conceived by assisted reproduction under a genetic surrogacy
1114	1114	1084agreement validated under section 713 or 716 of this chapter, the intended parent or parents shall
1115	1115	1085file a notice with the court that validated the agreement that a child has been born as a result of
1116	1116	1086assisted reproduction. Upon receiving such notice, the court shall immediately, or as soon as
1117	1117	1087practicable, issue an order without notice and hearing:
1118	1118	1088 (1) declaring that any intended parent or parents is a parent of a child conceived by
1119	1119	1089assisted reproduction under the agreement and ordering that parental rights and duties vest
1120	1120	1090exclusively in any intended parent;
1121	1121	1091 (2) declaring that the individual acting as genetic surrogate and the surrogate’s spouse or
1122	1122	1092former spouse, if any, are not parents of the child; 56 of 60
1123	1123	1093 (3) designating the contents of the birth certificate in accordance with chapter 46 and
1124	1124	1094directing the department of public health to designate any intended parent as a parent of the
1125	1125	1095child;
1126	1126	1096 (4) to protect the privacy of the child and the parties, declaring that the court record is not
1127	1127	1097open to inspection in accordance with section 706;
1128	1128	1098 (5) if necessary, that the child be surrendered to the intended parent or parents; and
1129	1129	1099 (6) for other relief the court determines necessary and proper.
1130	1130	1100 (c) Except as otherwise provided in subsection (d) or section 717, if, due to a clinical or
1131	1131	1101laboratory error, a child conceived by assisted reproduction under a genetic surrogacy agreement
1132	1132	1102is not genetically related to an intended parent or a donor who donated to the intended parent or
1133	1133	1103parents, each intended parent, and not the individual acting as genetic surrogate and the
1134	1134	1104surrogate’s spouse or former spouse, if any, is a parent of the child.
1135	1135	1105 (d) If a child born to an individual acting as genetic surrogate is alleged not to have been
1136	1136	1106conceived by assisted reproduction, the court may, upon finding sufficient evidence, order
1137	1137	1107genetic testing to determine the genetic parentage of the child. If the child was not conceived by
1138	1138	1108assisted reproduction and the second source of genetic material is the spouse of the individual
1139	1139	1109acting as genetic surrogate, then the surrogate and her spouse shall be found to be the parents of
1140	1140	1110the child. If the second genetic source is an individual other than the spouse of the surrogate,
1141	1141	1111then parentage shall be determined as provided in chapter 209C. However, if the second genetic
1142	1142	1112source is an intended parent, the court, in its sole discretion, may determine parentage under
1143	1143	1113Articles 1 through 5 of this chapter. Unless the genetic surrogacy agreement provides otherwise, 57 of 60
1144	1144	1114the individual acting as genetic surrogate is not entitled to any non-expense related compensation
1145	1145	1115paid for acting as a surrogate if the child was not conceived by assisted reproduction.
1146	1146	1116 (e) If an intended parent fails to file the notice required under subsection (b) of this
1147	1147	1117section, the individual acting as genetic surrogate may file with the court, not later than 60 days
1148	1148	1118after the birth of a child conceived by assisted reproduction under the agreement, notice that the
1149	1149	1119child has been born to the individual acting as genetic surrogate. On proof of a court order issued
1150	1150	1120under sections 713 or 716 of this chapter validating the agreement, the court shall order that each
1151	1151	1121intended parent is a parent of the child.
1152	1152	1122 Section 716. EFFECT OF NONVALIDATED GENETIC SURROGACY
1153	1153	1123AGREEMENT.
1154	1154	1124 (a) A genetic surrogacy agreement, whether or not in a record, that is not validated under
1155	1155	1125section 713 is enforceable only to the extent provided in this section and section 718.
1156	1156	1126 (b) If all parties agree, a court may validate a genetic surrogacy agreement after assisted
1157	1157	1127reproduction has occurred but before the birth of a child conceived by assisted reproduction
1158	1158	1128under the agreement if the court finds that:
1159	1159	1129 (1) sections 702, 703 and 704 of this chapter are satisfied; and(2) all parties entered into
1160	1160	1130the agreement voluntarily and understand its terms.(c) If a child conceived by assisted
1161	1161	1131reproduction under a genetic surrogacy agreement that is not validated under section 713 or
1162	1162	1132subsection (b) of this section is born, the individual acting as genetic surrogate is not
1163	1163	1133automatically a parent and the court shall adjudicate parentage of the child based on the best
1164	1164	1134interest of the child, taking into account the factors in subsection (a) of section 511 and the intent
1165	1165	1135of the parties at the time of the execution of the agreement. 58 of 60
1166	1166	1136 (d) The parties to a genetic surrogacy agreement have standing to maintain a proceeding
1167	1167	1137to adjudicate parentage under this section.
1168	1168	1138 Section 717. GENETIC SURROGACY AGREEMENT: PARENTAGE OF DECEASED
1169	1169	1139INTENDED PARENT.
1170	1170	1140 (a) Except as otherwise provided in section 715 or 716, on birth of a child conceived by
1171	1171	1141assisted reproduction under a genetic surrogacy agreement, each intended parent is, by operation
1172	1172	1142of law, a parent of the child, notwithstanding the death of an intended parent during the period
1173	1173	1143between the transfer of a gamete or embryo and the birth of the child.
1174	1174	1144 (b) Except as otherwise provided in section 715 or 716, an intended parent is not a parent
1175	1175	1145of a child conceived by assisted reproduction under a genetic surrogacy agreement if the
1176	1176	1146intended parent dies before the transfer of a gamete or embryo unless:
1177	1177	1147 (1) the agreement provides otherwise; and
1178	1178	1148 (2) the transfer of the gamete or embryo occurs not later than 36 months after the death of
1179	1179	1149the intended parent, or birth of the child occurs not later than 45 months after the death of the
1180	1180	1150intended parent.
1181	1181	1151 Section 718. BREACH OF GENETIC SURROGACY AGREEMENT.
1182	1182	1152 (a) Subject to section 714(d), if a genetic surrogacy agreement is breached by an
1183	1183	1153individual acting as a genetic surrogate or 1 or more intended parents, the non-breaching party is
1184	1184	1154entitled to the remedies available at law or in equity.
1185	1185	1155 (b) Specific performance is not a remedy available for breach by an individual acting as
1186	1186	1156genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement 59 of 60
1187	1187	1157that the surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical
1188	1188	1158procedures.
1189	1189	1159 (c) Except as otherwise provided in subsection (b), specific performance is a remedy
1190	1190	1160available for:
1191	1191	1161 (1) breach of a validated genetic surrogacy agreement by an individual acting as genetic
1192	1192	1162surrogate of a requirement which prevents an intended parent from exercising, immediately upon
1193	1193	1163birth of the child, the full rights of parentage; or
1194	1194	1164 (2) breach by an intended parent which prevents the intended parent’s acceptance,
1195	1195	1165immediately upon birth of the child, of the duties of parentage.
1196	1196	1166 Article 8. MISCELLANEOUS PROVISIONS
1197	1197	1167 Section 1. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
1198	1198	1168 In applying and construing this uniform act, consideration shall be given to the need to
1199	1199	1169promote uniformity of the law with respect to its subject matter among states that enact it.
1200	1200	1170 Section 2. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND
1201	1201	1171NATIONAL COMMERCE ACT.
1202	1202	1172 This chapter modifies, limits or supersedes the Electronic Signatures in Global and
1203	1203	1173National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify limit, or supersede
1204	1204	1174Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of
1205	1205	1175the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
1206	1206	1176 Section 3. Severability. 60 of 60
1207	1207	1177 If any provision of this chapter or its application to any individual or circumstance is held
1208	1208	1178invalid, the invalidity shall not affect other provisions or applications of this chapter which can
1209	1209	1179be given effect without the invalid provision or application and to this end the provisions of this
1210	1210	1180chapter are severable.
1211	1211	1181 Section 4. Transitional provision.
1212	1212	1182 This chapter applies to a proceeding in which no judgment has entered before the
1213	1213	1183effective date of this act with respect to an individual’s parentage that has not already been
1214	1214	1184adjudicated by a court of competent jurisdiction or determined by operation of law.
1215	1215	1185 SECTION 55. This act shall take effect 1 year after its enactment