Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2906 Compare Versions

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

Old	New	Differences
1	1	SENATE . . . . . . . . . . . . . . No. 2906
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, July 29, 2024.
8	8	The committee on Senate Ways and Means to whom was referred the House Bill to
9	9	ensure legal parentage equality (House, No. 4750); reports, recommending that the same ought to
10	10	pass with an amendment striking out all after the enacting clause and inserting in place thereof
11	11	the text of Senate document numbered 2906.
12	12	For the committee,
13	13	Michael J. Rodrigues 2 of 41
14	14	SENATE . . . . . . . . . . . . . . No. 2906
15	15	The Commonwealth of Massachusetts
16	16	_______________
17	17	In the One Hundred and Ninety-Third General Court
18	18	(2023-2024)
19	19	_______________
20	20	1 SECTION 1. Section 1 of chapter 46 of the General Laws, as appearing in the 2022
21	21	2Official Edition, is hereby amended by striking out the second paragraph and inserting in place
22	22	3thereof the following paragraph:-
23	23	4 In the record of births, name, date of birth, place of birth and sex of child; legal names,
24	24	5dates of birth, residences, places of birth and surname at birth or adoption of parents. In the
25	25	6record of birth of a child born to parents not married to each other, the name of and other facts
26	26	7relating to the other parent or parents shall not be recorded except as provided in section 2 of
27	27	8chapter 209C where parentage has been acknowledged or adjudicated under the laws of the
28	28	9commonwealth or under the law of any other jurisdiction.
29	29	10 SECTION 2. Section 4B of said chapter 46 is hereby repealed.
30	30	11 SECTION 3. Section 13 of said chapter 46, as appearing in the 2022 Official Edition, is
31	31	12hereby amended by striking out, in lines 53 to 56, inclusive, the words “paternity by a court or
32	32	13administrative agency of competent jurisdiction in the commonwealth and the court orders the
33	33	14state registrar to amend the birth certificate to include the information relating to the father” and
34	34	15inserting in place thereof the following words:- parentage by a court or administrative agency of
35	35	16competent jurisdiction in the commonwealth and the court orders the state registrar to originally 3 of 41
36	36	17issue or to amend the birth certificate to include the information relating to the parentage of the
37	37	18child.
38	38	19 SECTION 4. Section 1 of chapter 209C of the General Laws, as so appearing, is hereby
39	39	20amended by inserting after the first sentence the following sentence:- A child shall have the same
40	40	21rights and protections under law to parentage without regard to the marital status, gender, gender
41	41	22identity or sexual orientation of their parents or the circumstances of the child’s birth, including
42	42	23whether the child was born as a result of assisted reproduction or surrogacy.
43	43	24 SECTION 5. Said section 1 of said chapter 209C, as so appearing, is hereby further
44	44	25amended by striking out, in lines 7 and 8, 14, 15 and 17, the word “paternity” and inserting in
45	45	26place thereof, in each instance, the following word:- parentage.
46	46	27 SECTION 6. Said section 1 of said chapter 209C, as so appearing, is hereby further
47	47	28amended by striking out, in lines 11 and 20, the words “child born out of wedlock” and inserting
48	48	29in place thereof, in each instance, the following words:- nonmarital child.
49	49	30 SECTION 7. Said section 1 of said chapter 209C, as so appearing, is hereby further
50	50	31amended by striking out, in lines 11 and 12, the words “a man and woman” and inserting in place
51	51	32thereof the following word:- persons.
52	52	33 SECTION 8. Said section 1 of said chapter 209C, as so appearing, is hereby further
53	53	34amended by striking out, in lines 20 and 25, the word “his”, and inserting in place thereof, in
54	54	35each instance, the following word:- their.
55	55	36 SECTION 9. Said chapter 209C is hereby further amended by inserting after section 1 the
56	56	37following section:- 4 of 41
57	57	38 Section 1A. For the purposes of this chapter the following terms shall have the following
58	58	39meanings, unless the context clearly requires otherwise:
59	59	40 “Acknowledged parent”, a person who has established a parent-child relationship through
60	60	41a voluntary acknowledgement of parentage.
61	61	42 “Adjudicated parent”, a person who has been adjudicated to be a parent of a child by a
62	62	43court of competent jurisdiction.
63	63	44 “Alleged genetic parent”, a person who is alleged to be or alleges to be a genetic parent
64	64	45of a child whose parentage has not been adjudicated; provided, however, that “alleged genetic
65	65	46parent” shall include a putative parent, an alleged genetic father and an alleged genetic mother;
66	66	47and provided further, that “alleged genetic parent” shall not include a presumed parent under
67	67	48section 6, an individual whose parental rights have been terminated or declared not to exist or a
68	68	49donor as described in section 27.
69	69	50 “Assisted reproduction”, a method of causing pregnancy other than sexual intercourse
70	70	51including, but not limited to, artificial insemination, intrauterine, intracervical or vaginal
71	71	52insemination, donation of gametes or embryos, in vitro fertilization and transfer of embryos and
72	72	53intracytoplasmic sperm injection.
73	73	54 “Donor”, a person who provides a gamete or embryo intended for use in assisted
74	74	55reproduction or gestation, whether or not for consideration; provided, however, that this term
75	75	56shall not include a person who consents to assisted reproduction with the intent to be a parent of
76	76	57the resulting child.
77	77	58 “Genetic surrogacy agreement”, a surrogacy agreement involving a genetic surrogate. 5 of 41
78	78	59 “Genetic surrogate”, a person who is not an intended parent and agrees to become
79	79	60pregnant through assisted reproduction using their own gamete under a genetic surrogacy
80	80	61agreement as provided in this chapter.
81	81	62 “Gestational surrogacy agreement”, a surrogacy agreement involving a gestational
82	82	63surrogate.
83	83	64 “Gestational surrogate”, a person who is not an intended parent and agrees to become
84	84	65pregnant through assisted reproduction using gametes that are not their own under a gestational
85	85	66surrogacy agreement as provided in this chapter.
86	86	67 “Intended parent”, a person, whether married or unmarried, who manifests an intent to be
87	87	68legally bound as a parent of a child resulting from assisted reproduction.
88	88	69 “Nonmarital child”, a child born to persons who are not married to each other.
89	89	70 “Parent”, a person who has established parentage of a child through: (i) birth except as
90	90	71otherwise provided in sections 28 to 28P, inclusive; (ii) presumption pursuant to section 6; (iii)
91	91	72adjudication by a court of competent jurisdiction; (iv) adoption pursuant to chapter 210; (v)
92	92	73acknowledgement pursuant to section 11; (vi) de facto parentage pursuant to section 25; (vii)
93	93	74assisted reproduction pursuant to section 27; or (viii) surrogacy pursuant to sections 28 to 28P,
94	94	75inclusive.
95	95	76 “Parentage” or “parent-child relationship”, the legal relationship between a child and a
96	96	77parent of the child. 6 of 41
97	97	78 “Presumed parent”, a person who is presumed to be a parent of a child pursuant to section
98	98	796, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is
99	99	80made under section 11 or a court adjudicates the person to be a parent.
100	100	81 “Surrogacy agreement”, an agreement between 1 or more intended parents and a person
101	101	82who is not an intended parent in which that person agrees to become pregnant through assisted
102	102	83reproduction and which provides that each intended parent is a parent of a child conceived under
103	103	84the agreement.
104	104	85 “Surrogate”, a genetic surrogate or gestational surrogate.
105	105	86 SECTION 10. Section 2 of said chapter 209C, as appearing in the 2022 Official Edition,
106	106	87is hereby amended by striking out, in line 1, the word “Paternity” and inserting in place thereof
107	107	88the following word:- Parentage.
108	108	89 SECTION 11. Said section 2 of said chapter 209C, as so appearing, is hereby further
109	109	90amended by striking out, in lines 5, 6, 12, 13, 16 and 18, the word “paternity” and inserting in
110	110	91place thereof, in each instance, the following word:- parentage.
111	111	92 SECTION 12. Section 3 of said chapter 209C, as so appearing, is hereby amended by
112	112	93striking out, in lines 3, 7, 32, 35 and 36 and 51, the word “paternity” and inserting in place
113	113	94thereof, in each instance, the following word:- parentage.
114	114	95 SECTION 13. Said section 3 of said chapter 209C, as so appearing, is hereby further
115	115	96amended by inserting after the word “parentage”, in line 4, the following words:- under this
116	116	97chapter. 7 of 41
117	117	98 SECTION 14. Said section 3 of said chapter 209C, as so appearing, is hereby further
118	118	99amended by striking out, in line 13, the word “his” and inserting in place thereof the following
119	119	100word:- their.
120	120	101 SECTION 15. Section 4 of said chapter 209C, as so appearing, is hereby amended by
121	121	102striking out, in lines 1 and 11, the word “paternity” and inserting in place thereof, in each
122	122	103instance, the following word:- parentage.
123	123	104 SECTION 16. Section 5 of said chapter 209C, as so appearing, is hereby amended by
124	124	105striking out, in lines 1 and 2, 19, 55, 60 and 62, the word “paternity” and inserting in place
125	125	106thereof, in each instance, the following word:- parentage.
126	126	107 SECTION 17. Said section 5 of said chapter 209C, as so appearing, is hereby further
127	127	108amended by striking out, in line 3, the word “mother” and inserting in place thereof the following
128	128	109words:- person who gave birth to the child.
129	129	110 SECTION 18. Said section 5 of said chapter 209C, as so appearing, is hereby further
130	130	111amended by striking out, in lines 4 and 21, the word “himself” and inserting in place thereof, in
131	131	112each instance, the following word:- themselves.
132	132	113 SECTION 19. Said section 5 of said chapter 209C, as so appearing, is hereby further
133	133	114amended by striking out, in lines 4 and 9, each time it appears, the word “father” and inserting in
134	134	115place thereof, in each instance, the following words:- other parent.
135	135	116 SECTION 20. Said section 5 of said chapter 209C, as so appearing, is hereby further
136	136	117amended by striking out, in line 7, the words “mother if the mother” and inserting in place
137	137	118thereof the following words:- person who gave birth to the child if that person. 8 of 41
138	138	119 SECTION 21. Said section 5 of said chapter 209C, as so appearing, is hereby further
139	139	120amended by striking out, in line 17, the words “mother of the child” and inserting in place
140	140	121thereof the following words:- person who gave birth to the child.
141	141	122 SECTION 22. Said section 5 of said chapter 209C, as so appearing, is hereby further
142	142	123amended by striking out, in lines 21 and 22, the words “father unless he is or was the mother’s
143	143	124husband” and inserting in place thereof the following words:- parent unless such parent is or was
144	144	125the spouse of the person who gave birth to the child.
145	145	126 SECTION 23. Said section 5 of said chapter 209C, as so appearing, is hereby further
146	146	127amended by striking out subsection (b) and inserting in place thereof the following subsection:-
147	147	128 (b) Voluntary acknowledgments of parentage may be executed by the person who gave
148	148	129birth and either an alleged genetic parent, presumed parent or intended parent as provided in this
149	149	130chapter, whether either or both is a minor, and may be registered pursuant to section 11 only if
150	150	131the signatures of both signatories are notarized. If the person who gave birth to the child was or
151	151	132is married to a spouse other than the other parent and the child’s birth occurs during the marriage
152	152	133or within 300 days of its termination by divorce, a voluntary acknowledgment of parentage
153	153	134naming the other parent may be executed by the person who gave birth and the other parent only
154	154	135if the person who gave birth and their spouse or former spouse at the time of the child’s birth or
155	155	136conception sign an affidavit denying that the spouse is the parent of the child; provided,
156	156	137however, that where the marriage has been terminated by annulment or by the death of either
157	157	138spouse, parentage of the other parent may only be established by filing a complaint to establish
158	158	139parentage as provided in this chapter. Prior to signing a voluntary acknowledgment of parentage
159	159	140at the hospital or thereafter at the office of the city or town clerk as part of the birth registration 9 of 41
160	160	141process pursuant to section 3C of chapter 46, with the department of transitional assistance, with
161	161	142the IV–D agency set forth in chapter 119A, with any agency designated by the United States
162	162	143Secretary of Health and Human Services or with any official of a court, a person who gave birth
163	163	144and the other parent shall receive notice orally, or through the use of video or audio equipment,
164	164	145and in writing of alternatives to signing the acknowledgment, including the availability of
165	165	146genetic marker testing, as well as the benefits and responsibilities with respect to child support,
166	166	147custody and visitation that may arise from signing the acknowledgment and subsequently filing
167	167	148the acknowledgment with the court or with the registrar of vital records and statistics as provided
168	168	149in this chapter.
169	169	150 SECTION 24. Section 6 of said chapter 209C, as so appearing, is hereby amended by
170	170	151striking out, in lines 1 and 2, the words “In all actions under this chapter a man is presumed to be
171	171	152the father of a child and must be joined as a party” and inserting in place thereof the following
172	172	153words:- A person is presumed to be the parent of a child and shall be joined as a party in all
173	173	154actions under this chapter.
174	174	155 SECTION 25. Said section 6 of said chapter 209C, as so appearing, is hereby further
175	175	156amended by striking out, in lines 3, 6, 11, 14, 16 and 18, the word “he” and inserting in place
176	176	157thereof, in each instance, the following words:- the person.
177	177	158 SECTION 26. Said section 6 of said chapter 209C, as so appearing, is hereby further
178	178	159amended by striking out, in line 3, 7, 12 and 19, the word “mother” and inserting in place
179	179	160thereof, in each instance, the following words:- person who gave birth to the child. 10 of 41
180	180	161 SECTION 27. Said section 6 of said chapter 209C, as so appearing, is hereby further
181	181	162amended by striking out, in line 17, the word “paternity” and inserting in place thereof the
182	182	163following word:- parentage.
183	183	164 SECTION 28. Said section 6 of said chapter 209C, as so appearing, is hereby further
184	184	165amended by striking out, in lines 21 to 23, inclusive, the words “he has acknowledged paternity
185	185	166in a parental responsibility claim as provided in section four A of chapter two hundred and ten
186	186	167and the mother” and inserting in place thereof the following words:- the person has
187	187	168acknowledged parentage in a parental responsibility claim as provided in section 4A of chapter
188	188	169210 and the person who gave birth to the child.
189	189	170 SECTION 29. Said section 6 of said chapter 209C, as so appearing, is hereby further
190	190	171amended by striking out, in lines 25 to 27, inclusive, the words “his consent and the consent of
191	191	172the child’s mother, he is named as the child’s father” and inserting in place thereof the following
192	192	173words:- the person’s consent and the consent of the person who gave birth to the child, the
193	193	174person is named as the child’s parent.
194	194	175 SECTION 30. Said section 6 of said chapter 209C, as so appearing, is hereby further
195	195	176amended by striking out subsection (b) and inserting in place thereof the following subsection:-
196	196	177 (b) Notwithstanding subsection (a), a spouse or former spouse shall not be required to be
197	197	178joined as a party if that person’s non-parentage of the child has previously been adjudicated in a
198	198	179proceeding between the spouse and the person who gave birth to the child in a court or
199	199	180administrative agency of competent jurisdiction. 11 of 41
200	200	181 SECTION 31. Section 7 of said chapter 209C, as so appearing, is hereby amended by
201	201	182striking out, in lines 3 and 4 and 8, the word “paternity” and inserting in place thereof, in each
202	202	183instance, the following word:- parentage.
203	203	184 SECTION 32. Section 8 of said chapter 209C, as so appearing, is hereby amended by
204	204	185striking out, in lines 1, 2, 5 and 15, the word “paternity” and inserting in place thereof, in each
205	205	186instance, the following word:- parentage.
206	206	187 SECTION 33. Said section 8 of said chapter 209C, as so appearing, is hereby further
207	207	188amended by striking out, in line 4, the word “his” and inserting in place thereof the following
208	208	189words:- the defendant’s.
209	209	190 SECTION 34. Said section 8 of said chapter 209C, as so appearing, is hereby further
210	210	191amended by striking out, in line 7, the words “mother or putative father submits” and inserting in
211	211	192place thereof the following words:- person who gave birth to the child or alleged genetic parent
212	212	193submits sufficient evidence of parentage, which may include evidence.
213	213	194 SECTION 35. Said section 8 of said chapter 209C, as so appearing, is hereby further
214	214	195amended by striking out, in lines 12 and 13, the words “father or mother” and inserting in place
215	215	196thereof the following word:- parent.
216	216	197 SECTION 36. Said section 8 of said chapter 209C, as so appearing, is hereby further
217	217	198amended by striking out, in line 16, the word “mother” and inserting in place thereof the
218	218	199following words:- person who gave birth to the child. 12 of 41
219	219	200 SECTION 37. Section 9 of said chapter 209C, as so appearing, is hereby amended by
220	220	201striking out, in line 21, the word “his” and inserting in place thereof the following words:- the
221	221	202defendant’s.
222	222	203 SECTION 38. Said section 9 of said chapter 209C, as so appearing, is hereby further
223	223	204amended by striking out, in line 27, the word “mother” and inserting in place thereof the
224	224	205following words: another parent.
225	225	206 SECTION 39. Subsection (a) of section 10 of said chapter 209C, as so appearing, is
226	226	207hereby amended by striking out the first paragraph and inserting in place thereof the following
227	227	208paragraph:-
228	228	209 Upon or after an adjudication or voluntary acknowledgment of parentage, the court may
229	229	210award custody of a nonmarital child to either parent or to them jointly or to another suitable
230	230	211person as hereafter further specified as may be appropriate in the best interests of the child.
231	231	212 SECTION 40. Said section 10 of said chapter 209C, as so appearing, is hereby further
232	232	213amended by striking out subsection (b) and inserting in place thereof the following subsection:-
233	233	214 (b) Prior to or in the absence of an adjudication or voluntary acknowledgment of
234	234	215parentage, the person who gave birth shall have custody of a nonmarital child. In the absence of
235	235	216an order or judgment of a probate and family court relative to custody, the person who gave birth
236	236	217shall continue to have custody of a nonmarital child after an adjudication of parentage or
237	237	218voluntary acknowledgment of parentage. 13 of 41
238	238	219 SECTION 41. Section 11 of said chapter 209C, as so appearing, is hereby amended by
239	239	220striking out, in line 2, the words “putative father” and inserting in place thereof the following
240	240	221words:- alleged genetic parent, presumed parent or intended parent.
241	241	222 SECTION 42. Said section 11 of said chapter 209C, as so appearing, is hereby further
242	242	223amended by striking out, in line 3, the words “mother of” and inserting in place thereof the
243	243	224following words:- person who gave birth to.
244	244	225 SECTION 43. Said section 11 of said chapter 209C, as so appearing, is hereby further
245	245	226amended by striking out, in lines 7, 16, 20, 22 and 37, the word “paternity” and inserting in place
246	246	227thereof, in each instance, the following word:- parentage.
247	247	228 SECTION 44. Said section 11 of said chapter 209C, as so appearing, is hereby further
248	248	229amended by striking out, in line 21, the words “by such putative father and mother”.
249	249	230 SECTION 45. Subsection (a) of said section 11 of said chapter 209C, as so appearing, is
250	250	231hereby amended by striking out the tenth sentence and inserting in place thereof the following
251	251	232sentence:- If either party rescinds the acknowledgment in a timely fashion and the basis of the
252	252	233acknowledgment was genetic parentage, the court shall order genetic marker testing and proceed
253	253	234to adjudicate parentage or nonparentage in accordance with this chapter; provided, however, that
254	254	235the rescinded acknowledgment shall constitute the proper showing required for an order to
255	255	236submit to such testing; and provided further, that the rescinded acknowledgment shall be
256	256	237admissible as evidence of the alleged genetic parent’s parentage and shall serve as sufficient
257	257	238basis for admitting the report of the results of genetic marker tests. 14 of 41
258	258	239 SECTION 46. Said section 11 of said chapter 209C, as so appearing, is hereby further
259	259	240amended by striking out, in line 56, the word “nonpaternity” and inserting in place thereof the
260	260	241following word:- nonparentage.
261	261	242 SECTION 47. Said section 11 of said chapter 209C, as so appearing, is hereby further
262	262	243amended by striking out, in line 59, the words “a mother and father” and inserting in place
263	263	244thereof the following word:- parents.
264	264	245 SECTION 48. Section 12 of said chapter 209C, as so appearing, is hereby amended by
265	265	246striking out, in line 2, the word “paternity” and inserting in place thereof the following word:-
266	266	247parentage.
267	267	248 SECTION 49. Section 13 of said chapter 209C, as so appearing, is hereby amended by
268	268	249striking out, in lines 1 and 2, the words “paternity or in which paternity” and inserting in place
269	269	250thereof the following words:- parentage or in which parentage.
270	270	251 SECTION 50. Said section 13 of said chapter 209C, as so appearing, is hereby further
271	271	252amended by striking out, in lines 7 to 9, inclusive, the words “father is adjudicated not to be the
272	272	253father of the child; provided, however, that the child, the child’s mother, the person adjudicated
273	273	254to be the father” and inserting in place thereof the following words:- parent is adjudicated not to
274	274	255be the parent of the child; provided, however, that the child, the person who gave birth to the
275	275	256child, the person adjudicated to be the parent.
276	276	257 SECTION 51. Said chapter 209C is hereby further amended by striking out section 14, as
277	277	258so appearing, and inserting in place thereof the following section:- 15 of 41
278	278	259 Section 14. Except as otherwise provided in this chapter, an action to establish parentage
279	279	260of a child may be instituted during pregnancy but shall only be filed by the person who is to give
280	280	261birth to the child or such person’s representative or by the IV-D agency as set forth in chapter
281	281	262119A on behalf of the person who is to give birth. In the case of any complaint brought prior to
282	282	263the birth of the child, no final judgment on the issue of parentage shall be made until after the
283	283	264birth of the child; provided, however, that the court may order temporary support or health care
284	284	265coverage.
285	285	266 SECTION 52. Section 16 of said chapter 209C, as so appearing, is hereby amended by
286	286	267striking out subsections (c) to (e), inclusive, and inserting in place thereof the following 3
287	287	268subsections:-
288	288	269 (c) In an action pursuant to this chapter, the person who gave birth and the alleged
289	289	270genetic parent shall be competent to testify and no privilege or disqualification created under
290	290	271chapter 233 shall prohibit testimony by a spouse or former spouse which is otherwise competent.
291	291	272If the person who gave birth is or was married, both that person and their spouse or former
292	292	273spouse may testify to parentage of the child.
293	293	274 (d) In an action to establish parentage, testimony relating to sexual access to the person
294	294	275who gave birth by an unidentified person at any time or by an identified person at any time other
295	295	276than the probable time of conception of the child is inadmissible in evidence unless offered by
296	296	277the person who gave birth.
297	297	278 (e) In an action to establish parentage based on alleged genetic parentage, the court may
298	298	279view the person who gave birth, the child and the alleged genetic parent to note any resemblance
299	299	280among the parties notwithstanding the absence of expert testimony. 16 of 41
300	300	281 SECTION 53. Said section 16 of said chapter 209C, as so appearing, is hereby further
301	301	282amended by striking out, in line 25, the word “mother” and inserting in place thereof the
302	302	283following words:- person who gave birth to the child.
303	303	284 SECTION 54. Said section 16 of said chapter 209C, as so appearing, is hereby further
304	304	285amended by striking out, in line 36, the word “paternity” and inserting in place thereof the
305	305	286following word:- parentage.
306	306	287 SECTION 55. Section 17 of said chapter 209C, as so appearing, is hereby amended by
307	307	288striking out, in lines 1 and 2, the words “paternity of a child born out of wedlock” and inserting
308	308	289in place thereof the following words:- parentage of a nonmarital child based on alleged genetic
309	309	290parentage.
310	310	291 SECTION 56. Said section 17 of said chapter 209C, as so appearing, is hereby further
311	311	292amended by striking out, in lines 4, 9, 10, 13, 26 and 28, the word “mother” and inserting in
312	312	293place thereof, in each instance, the following words:- person who gave birth to the child.
313	313	294 SECTION 57. Said section 17 of said chapter 209C, as so appearing, is hereby further
314	314	295amended by striking out, in lines 4, 9, 10, 13, 26, 28, 31, 48 and 49, the words “putative father”
315	315	296and inserting in place thereof, in each instance, the following words:- alleged genetic parent.
316	316	297 SECTION 58. Said section 17 of said chapter 209C, as so appearing, is hereby further
317	317	298amended by striking out, in lines 21 and 22, the words “putative father’s” and inserting in place
318	318	299thereof the following words:- alleged genetic parent’s. 17 of 41
319	319	300 SECTION 59. Said section 17 of said chapter 209C, as so appearing, is hereby further
320	320	301amended by striking out, in lines 22 and 30, the word “paternity” and inserting in place thereof,
321	321	302in each instance, the following words:- genetic parentage.
322	322	303 SECTION 60. Said section 17 of said chapter 209C, as so appearing, is hereby further
323	323	304amended by striking out, in lines 31 and 32 and in line 49, the first time it appears, the word
324	324	305“father” and inserting in place thereof, in each instance, the following word:- parent.
325	325	306 SECTION 61. Said section 17 of said chapter 209C, as so appearing, is hereby further
326	326	307amended by adding the following sentence:- Genetic testing shall not be used to challenge the
327	327	308parentage of an individual who is a parent under sections 25, 27 and 28 to 28P, inclusive, or to
328	328	309establish the parentage of an individual who is a donor as provided in said sections.
329	329	310 SECTION 62. Section 21 of said chapter 209C, as so appearing, is hereby amended by
330	330	311striking out, in line 4, the word “paternity” and inserting in place thereof the following word:-
331	331	312parentage.
332	332	313 SECTION 63. Section 23 of said chapter 209C, as so appearing, is hereby amended by
333	333	314striking out, in lines 1, 10, 11 and 14, the word “paternity”, and inserting in place thereof, in each
334	334	315instance, the following word:- parentage.
335	335	316 SECTION 64. Said chapter 209C is hereby further amended by adding the following 20
336	336	317sections:-
337	337	318 Section 25. (a) This section shall apply to nonmarital and marital children. 18 of 41
338	338	319 (b) A proceeding to adjudicate parentage of a child under this section may be
339	339	320commenced only by a person who: (i) is alive when the proceeding is commenced; and (ii)
340	340	321claims to be a de facto parent of the subject child under this section.
341	341	322 (c) A proceeding under this section shall be commenced during a child’s lifetime and
342	342	323before the child attains 18 years of age.
343	343	324 (d) Proceedings under this section shall be governed by the Massachusetts Rules of
344	344	325Domestic Relations Procedure.
345	345	326 (e) All parents, legal guardians and legal custodians of the subject child shall be entitled
346	346	327to notice.
347	347	328 (f) The plaintiff shall file a verified complaint alleging specific facts to support each
348	348	329element required to establish de facto parentage as set forth in subsection (i), along with any
349	349	330other pleadings, affidavits or information required by the court. The verified complaint shall be
350	350	331served on all parents, legal guardians and legal custodians of the child and any other party to the
351	351	332proceeding. Prior to an adjudication of the merits, and within 60 days of the commencement of a
352	352	333proceeding under this section, the court shall determine, based on the pleadings, whether the
353	353	334plaintiff has alleged facts sufficient to satisfy each element required to establish de facto
354	354	335parentage. Upon request made by a party entitled to notice or upon the court’s own initiative, the
355	355	336court may hold a hearing on the sufficiency of the pleadings; provided, however, that if the court
356	356	337holds any such hearing, the hearing shall be held on an expedited basis. Failure of a pleading to
357	357	338meet these standards shall constitute grounds for the court to enter a sua sponte judgment of
358	358	339dismissal without prejudice. 19 of 41
359	359	340 (g) Prior to an adjudication of the merits, and within 60 days of the commencement of a
360	360	341proceeding under this section, the court shall determine whether the plaintiff has standing to seek
361	361	342an adjudication of parentage of a child under this section. Upon request made by a party entitled
362	362	343to notice or upon the court’s own initiative, the court may hold a hearing on the issue of
363	363	344standing; provided, however, that any such hearing shall be held on an expedited basis; and
364	364	345provided further, that a hearing shall be required and there shall be a rebuttable presumption
365	365	346against standing if the court finds by a preponderance of the evidence that:
366	366	347 (i) the plaintiff is or was the defendant to: (A) an abuse prevention order issued after
367	367	348notice and hearing pursuant to chapter 209A; (B) a protection order issued pursuant to section
368	368	34934B or 34C of chapter 208; or (C) a harassment prevention order issued pursuant to chapter
369	369	350258E, involving the child, a parent of the child or a household member of the child;
370	370	351 (ii) the department of children and families has made a determination supporting an
371	371	352allegation of abuse against the plaintiff with respect to the subject child or another child in the
372	372	353same household;
373	373	354 (iii) a respondent has been an active deployed member of the military during the past 3
374	374	355years;
375	375	356 (iv) a defendant executed a military family care plan and but for the plan, the plaintiff
376	376	357would not meet at least 1 of the requirements of subsection (i), unless the defendant consents in
377	377	358writing and such written consent is filed with the complaint; or
378	378	359 (v) the plaintiff is or was the foster parent or guardian of the child and but for the
379	379	360plaintiff’s role as foster parent or guardian, the plaintiff would not meet at least 1 of the
380	380	361requirements of subsection (i). 20 of 41
381	381	362 (h) A plaintiff may file and serve a motion seeking a temporary order of contact between
382	382	363the subject child and the plaintiff contemporaneously with the complaint. After a hearing, the
383	383	364court may enter a temporary order concerning contact between the child and the plaintiff. No
384	384	365temporary order shall issue before a determination of standing; provided, however, that a hearing
385	385	366on the motion may occur on the same date as any hearing under subsections (f) or (g).
386	386	367 (i) Subject to subsection (j), the court shall adjudicate a plaintiff with standing in a
387	387	368proceeding commenced under this section to be a de facto parent of the subject child if the
388	388	369plaintiff demonstrates by clear and convincing evidence that: (i) the plaintiff resided with the
389	389	370child as a regular member of the child’s household for not less than 3 years or 40 per cent of the
390	390	371child’s life, whichever is shorter, except in extraordinary circumstances for good cause shown as
391	391	372the court may determine at the court's discretion; (ii) the plaintiff engaged in consistent
392	392	373caregiving of the child, including, but not limited to, shaping the child’s daily routine, addressing
393	393	374the child’s developmental needs and providing for the child’s education and medical care,
394	394	375individually or cooperatively with another parent; (iii) the plaintiff undertook full and permanent
395	395	376responsibilities of a parent of the child without expectation or payment of financial
396	396	377compensation; (iv) the plaintiff held out the child as the plaintiff’s child; (v) the plaintiff
397	397	378established a bonded and dependent relationship with the child that is parental in nature; (vi)
398	398	379each parent of the child consented to the bonded and dependent relationship required under
399	399	380clause (v); provided, however, that for the purposes of this section, consent may include that
400	400	381each parent, over a period of not less than 6 months: (a) held out the plaintiff as a parent of the
401	401	382child; and (b) engaged in shared decision making with the plaintiff regarding significant issues of
402	402	383the child’s education, health and welfare; provided further, that the court may determine that a
403	403	384parent has impliedly consented where that parent has not, without good cause, meaningfully 21 of 41
404	404	385engaged with the subject child through direct contact, participation in decision making or regular
405	405	386financial support for a period of 2 years; provided further, that good cause may include evidence
406	406	387that the parent attempted to meaningfully engage with the subject child by regularly requesting
407	407	388contact or participation in decision making but was prevented from doing so by another person;
408	408	389and provided further, that a notarized document affirming consent executed by a parent shall be
409	409	390evidence of that parent’s consent; and (vii) adjudicating the plaintiff to be the child’s parent is in
410	410	391the best interest of the child. In making this determination, the court shall consider evidence of
411	411	392past or present abuse by the plaintiff toward a parent or the child as a factor contrary to the best
412	412	393interest of the child; provided, however, that a finding by a preponderance of the evidence that
413	413	394the plaintiff engaged in duress, coercion or threat of harm in order to establish any of the
414	414	395elements of clauses (i) to (vi), inclusive, shall be considered evidence of abuse; provided further,
415	415	396that a finding by a preponderance of the evidence that a pattern or serious incident of abuse as
416	416	397defined in section 10 by the plaintiff against a parent or child has occurred shall create a
417	417	398rebuttable presumption that it is not in the best interest of the child that the plaintiff be
418	418	399adjudicated a parent; and provided further, that where there is credible evidence of abuse and the
419	419	400court adjudicates the plaintiff to be a parent of the subject child, the court shall make detailed
420	420	401written findings on the presence and nature of the abuse, its effect on the child and its impact on
421	421	402the plaintiff’s parenting ability.
422	422	403 (j) Subject to other limitations in this section, if in a proceeding to adjudicate the plaintiff
423	423	404as a de facto parent, there is more than 1 defendant parent and the court determines that the
424	424	405requirements of subsection (i) are satisfied, the court shall adjudicate parentage under subsection
425	425	406(c) of section 26. 22 of 41
426	426	407 (k) The adjudication of a plaintiff as a de facto parent under this section shall not affect
427	427	408the legal parentage of any other parent to the child and shall not be considered evidence of
428	428	409parental unfitness of a defendant parent to the child.
429	429	410 (l) Custody, parenting time, visitation and child support shall be determined in
430	430	411accordance with applicable laws, rules, regulations, orders and guidelines.
431	431	412 (m) Nothing in this section shall be interpreted to preclude an action in equity pursuant to
432	432	413section 6 of chapter 215 to establish a third-party right to visitation.
433	433	414 Section 26. (a) In a proceeding to adjudicate competing claims of, or challenges to,
434	434	415parentage of a child by 2 or more persons, the court shall adjudicate parentage in the best interest
435	435	416of the child, based on: (i) the age of the child; (ii) the length of time during which each person
436	436	417assumed the role of parent of the child; (iii) the nature of the relationship between the child and
437	437	418each person; (iv) the harm to the child if the relationship between the child and each person is not
438	438	419recognized; (v) the basis for each person’s claim to parentage of the child; and (vi) other
439	439	420equitable factors arising from the disruption of the relationship between the child and each
440	440	421person or the likelihood of other harm to the child.
441	441	422 (b) If a person challenges parentage based on the results of genetic testing, in addition to
442	442	423the factors listed in subsection (a), the court shall consider: (i) the facts surrounding the
443	443	424discovery that the person might not be a genetic parent of the child; and (ii) the length of time
444	444	425between the time that the person was placed on notice that the person might not be a genetic
445	445	426parent and the commencement of the proceeding. 23 of 41
446	446	427 (c) The court may adjudicate a child to have more than 2 parents if the court finds that it
447	447	428is in the best interest of the child. A finding of best interest of the child under this section does
448	448	429not require a finding of unfitness of any parent or person seeking an adjudication of parentage.
449	449	430 (d) Custody, parenting time, visitation and child support shall be determined in
450	450	431accordance with applicable laws, rules, regulations, orders and guidelines.
451	451	432 Section 27. (a) This section shall apply to nonmarital and marital children. This section
452	452	433shall not apply to the parentage of a child conceived by sexual intercourse or assisted
453	453	434reproduction under a surrogacy agreement under sections 28 to 28P, inclusive.
454	454	435 (b) Venue for a proceeding to adjudicate parentage under this section shall be in the
455	455	436county in which: (i) the child resides or was born or will be born; (ii) any parent or intended
456	456	437parent of the child resides; or (iii) a proceeding has been commenced for administration of the
457	457	438estate of a person who is or may be a parent under this chapter.
458	458	439 (c) A donor shall not be deemed a parent of a child conceived through assisted
459	459	440reproduction based solely on the donor’s genetic connection to such child. A donor shall not be
460	460	441entitled to establish the donor's parentage by signing an acknowledgment pursuant to this
461	461	442chapter. A donor shall not be entitled to notice in a proceeding under this chapter.
462	462	443 (d) A person who consents to assisted reproduction with the intent to be a parent of the
463	463	444child conceived by said assisted reproduction shall be a parent of the child. Consent to assisted
464	464	445reproduction may be established by: (i) a record signed by the person giving birth to a child
465	465	446conceived by assisted reproduction and by an intended parent before, on or after the birth of the
466	466	447child; or (ii) a finding by the court, by a preponderance of the evidence, that: (a) prior to
467	467	448conception or birth of the child, the parties agreed that they would be parents of the child; or (b) 24 of 41
468	468	449the person who seeks to be a parent of the child, together with the person giving birth,
469	469	450voluntarily participated in and consented to the assisted reproduction that resulted in the
470	470	451conception of the child.
471	471	452 (e)(1) Except as provided in paragraph (2), a person who, at the time of a child’s birth, is
472	472	453the spouse of the person who gave birth to the child by assisted reproduction may not challenge
473	473	454their own parentage of the child unless, not later than 2 years after the birth of the child, they
474	474	455commence a proceeding to adjudicate their own parentage of the child and the court finds that
475	475	456they did not consent to the assisted reproduction before, on, or after the birth of the child or
476	476	457withdrew consent pursuant to subsection (g).
477	477	458 (2) A proceeding to adjudicate a spouse’s parentage of a child born by assisted
478	478	459reproduction may be commenced at any time if the court determines that the spouse who is
479	479	460challenging the parentage: (i) neither provided a gamete for, nor consented to, the assisted
480	480	461reproduction; (ii) has not cohabitated with the person who gave birth to the child since the
481	481	462probable time of assisted reproduction; or (iii) t never openly held out the child as their child.
482	482	463This subsection shall apply to a spouse’s challenge of parentage even if the spouse’s marriage is
483	483	464declared invalid after assisted reproduction occurs.
484	484	465 (f) A person who consents to assisted reproduction pursuant to subsection (d) may
485	485	466withdraw consent any time before a transfer or implantation of gametes or embryos that results
486	486	467in a pregnancy by giving notice in writing of their withdrawal of consent to the person who
487	487	468agreed to give birth to a child conceived by assisted reproduction and to any clinic or healthcare
488	488	469provider facilitating the assisted reproduction; provided, however, that failure to give notice to a
489	489	470clinic or healthcare provider shall not affect a determination of parentage pursuant to this section. 25 of 41
490	490	471A person who withdraws consent in compliance with this subsection shall not be a parent of the
491	491	472child under this section.
492	492	473 (g)(1) If a person who intends to be a parent of a child conceived by assisted reproduction
493	493	474dies during the period between the transfer or implantation of a gamete or embryo and the birth
494	494	475of the child, said person’s death shall not preclude the establishment of their parentage of the
495	495	476child if said person would be a parent of the child under this section but for the death.
496	496	477 (2) If a person who consented in writing to assisted reproduction by a person who agreed
497	497	478to give birth to a child dies before a transfer or implantation of gametes or embryos, the deceased
498	498	479person shall be a parent of a child conceived by the assisted reproduction if: (i) (a) the person
499	499	480consented in writing that if assisted reproduction were to occur after their death, they would be a
500	500	481parent of the child; or (b) the person’s intent to be a parent of a child conceived by assisted
501	501	482reproduction after their death is established by a preponderance of the evidence; and (ii) (a) the
502	502	483embryo is in utero not later than 36 months after the person’s death; or (b) the child is born not
503	503	484later than 45 months after the person’s death.
504	504	485 (h) If, due to a clinical or laboratory error, a child conceived by assisted reproduction is
505	505	486not genetically related to any intended parent or any donor who donated to the intended parent or
506	506	487parents, the intended parent or parents shall be the parent or parents of the child unless otherwise
507	507	488determined by the court.
508	508	489 (i) Genetic testing, including genetic marker testing pursuant to section 11, shall not be
509	509	490used to: (i) challenge the parentage of a person who is a parent pursuant to this section; or (ii)
510	510	491establish the parentage of a person who is a donor. 26 of 41
511	511	492 (j) (1)A person giving birth or a person who is or claims to be a parent pursuant to this
512	512	493section may commence a proceeding prior to or after the birth of a child by assisted reproduction
513	513	494to obtain a judgment: (i) declaring that the intended parent or parents are the parent or parents of
514	514	495the resulting child immediately upon the birth of the child and ordering that parental rights and
515	515	496responsibilities vest exclusively in the intended parent or parents immediately upon birth of the
516	516	497child; and (ii) designating the contents of the birth certificate and directing the department of
517	517	498public health to designate the intended parent or parents as the parent or parents of the resulting
518	518	499child.
519	519	500 (2) A judgment issued by a court pursuant to this subsection before the birth of the
520	520	501resulting child by assisted reproduction shall not take effect until the birth of the resulting child.
521	521	502Nothing in this subsection shall be construed to limit said court’s authority to issue orders under
522	522	503any other provision of the General Laws.
523	523	504 (3) The commonwealth, the department of public health and the hospital where the child
524	524	505is or is expected to be born shall not be necessary parties to a proceeding under this section.
525	525	506 (4) The burden of proof in proceedings pursuant to this section shall be by a
526	526	507preponderance of the evidence.
527	527	508 (k) At the request of a party to a proceeding pursuant to this section, the court shall close
528	528	509the proceeding to the general public.
529	529	510 (l) The court shall issue a final judgment adjudicating whether a person alleged or
530	530	511claiming to be a parent is the parent of a child in a proceeding pursuant to this section. At the
531	531	512request of a party, and subject to other applicable laws, the court in a proceeding pursuant to this
532	532	513section may order the legal name of the child to be changed. If the final judgment of the court is 27 of 41
533	533	514at variance with the child’s birth certificate, the court shall order the department of public health
534	534	515to issue an amended birth certificate that conforms with the final judgment.
535	535	516 (m) Custody, parenting time, visitation and child support for a nonmarital child shall be
536	536	517determined in accordance with applicable laws, rules, regulations, orders and guidelines.
537	537	518 Section 28. (a) Sections 28 to 28P, inclusive, shall apply to nonmarital and marital
538	538	519children. This section shall not apply to the birth of a child conceived by sexual intercourse or
539	539	520assisted reproduction under section 27.
540	540	521 (b) Venue for proceedings under sections 28 to 28P, inclusive, shall be in the county in
541	541	522which: (i) the child resides, is born or is expected to be born; (ii) a parent or intended parent of
542	542	523the child resides; (iii) a person acting as a surrogate resides; or (iv) a proceeding has been
543	543	524commenced for administration of the estate of a person who is or may be a parent under this
544	544	525chapter.
545	545	526 Section 28A. (a) To execute a surrogacy agreement to act as a surrogate, a person shall:
546	546	527(i) be not less than 21 years of age; (ii) have previously given birth to at least 1 child; (iii)
547	547	528complete a medical evaluation by a licensed physician related to surrogacy; and (iv) complete a
548	548	529mental health consultation by a licensed mental health professional that is independent of the
549	549	530health care providers or facility undertaking any assisted reproduction procedure contemplated
550	550	531by the surrogacy agreement.
551	551	532 (b) To execute a surrogacy agreement as an intended parent, whether or not genetically
552	552	533related to the child, a person shall: (i) be not less than 21 years of age; and (ii) complete a mental
553	553	534health consultation by a licensed mental health professional that is independent of the health care 28 of 41
554	554	535providers or facility undertaking any assisted reproduction procedure contemplated by the
555	555	536surrogacy agreement.
556	556	537 Section 28B. A surrogacy agreement shall be enforceable if:
557	557	538 (i) the prospective surrogate, their spouse, if any, and each intended parent are parties to
558	558	539the agreement;
559	559	540 (ii) the prospective surrogate and each intended parent meet the eligibility requirements
560	560	541of section 28A;
561	561	542 (iii) at least 1 party is a resident of the commonwealth or, if no party is a resident of the
562	562	543commonwealth, at least 1 medical evaluation, medical procedure or mental health consultation
563	563	544under the agreement occurs in the commonwealth;
564	564	545 (iv) the agreement is in writing and signed by all parties;
565	565	546 (v) the agreement is executed prior to a medical procedure attempting to cause a
566	566	547pregnancy in the prospective surrogate, other than the medical evaluation and mental health
567	567	548consultation required by section 28A, and, in every instance, before transfer of embryos or
568	568	549gametes;
569	569	550 (vi) the signature of each party to the agreement is attested by a notary;
570	570	551 (vii) each party to the agreement signs a written acknowledgment of having received a
571	571	552copy of the agreement;
572	572	553 (viii) the prospective surrogate, the surrogate’s spouse, if any, and each intended parent
573	573	554have independent legal representation regarding the terms and potential legal consequences of 29 of 41
574	574	555the surrogacy agreement, paid for by the intended parent or parents, and each legal representative
575	575	556shall be identified in the surrogacy agreement; provided, however, that a single attorney for the
576	576	557prospective surrogate and their spouse and a single attorney for the intended parents shall be
577	577	558sufficient to meet this requirement; and
578	578	559 (ix) records related to the medical evaluation and mental health consultations conducted
579	579	560pursuant to section 28A shall be made available to the surrogate, the surrogate’s spouse, if any,
580	580	561and each intended parent; provided, however, that all such records shall remain otherwise
581	581	562confidential absent a court order.
582	582	563 Section 28C. (a) For a surrogacy agreement to be enforceable, the agreement shall
583	583	564provide that:
584	584	565 (i) the surrogate: (A) shall undergo assisted reproduction and attempt to carry and give
585	585	566birth to any resulting child; (B) except as otherwise provided in sections 28I, 28M and 28N, shall
586	586	567have no claim to parentage of any resulting child; and (C) acknowledges the exclusive parentage
587	587	568of the intended parent or parents of all resulting children;
588	588	569 (ii) if the surrogate is married, their spouse: (A) acknowledges and agrees to abide by all
589	589	570obligations imposed on the surrogate by the terms of the surrogacy agreement; (B) except as
590	590	571otherwise provided in sections 28I, 28M and 28N, shall have no claim to parentage of any
591	591	572resulting child; and (C) acknowledges the exclusive parentage of the intended parent or parents
592	592	573of all resulting children; and
593	593	574 (iii) the intended parent or, if there are more than 1 intended parents, each parent jointly
594	594	575and severally: (A) except as otherwise provided in sections 28G, 28J, 28M and 28N, agree to be
595	595	576the exclusive parent or parents and accept parental rights and responsibilities of all resulting 30 of 41
596	596	577children regardless of the number of children born or the gender or condition of each child; and
597	597	578(B) except as otherwise provided in sections 28G, 28J, 28M and 28N, agree to assume
598	598	579responsibility for the financial support of all resulting children immediately upon the birth of the
599	599	580children regardless of the number of children born or the gender or condition of each child.
600	600	581 (b) The intended parent or parents shall pay for all surrogacy-related expenses of the
601	601	582surrogate, including expenses for healthcare provided for assisted reproduction, prenatal care,
602	602	583labor and delivery and the medical expenses of all resulting children, that are not covered by
603	603	584insurance; provided, however, that this subsection shall not be construed to supplant any health
604	604	585insurance coverage that is otherwise available to the surrogate or an intended parent for the
605	605	586coverage of healthcare costs; provided further, that this subsection shall not change the health
606	606	587insurance coverage of the surrogate or the responsibility of the insurance company to pay
607	607	588benefits under a policy that covers a surrogate.
608	608	589 (c) The surrogacy agreement shall not infringe on the rights of the surrogate to make all
609	609	590health and welfare decisions regarding the surrogate, the surrogate’s body and the surrogate’s
610	610	591pregnancy throughout the duration of the surrogacy agreement, including during attempts to
611	611	592become pregnant, pregnancy, labor and delivery and post-partum. The surrogacy agreement shall
612	612	593not infringe upon the right of the surrogate to autonomy in medical decision making, including,
613	613	594but not limited to, whether to consent to a caesarean section and whether to undergo multiple
614	614	595embryo transfers. Except as otherwise provided by law, any written or oral agreement purporting
615	615	596to waive or limit these rights shall be void as against public policy.
616	616	597 (d) The surrogacy agreement shall include information about the right of each party to
617	617	598terminate the surrogacy agreement. 31 of 41
618	618	599 (e) Rights created under a surrogacy agreement shall not be assignable and there shall be
619	619	600no third-party beneficiary to a surrogacy agreement other than the resulting child of the
620	620	601surrogacy.
621	621	602 (f) A surrogacy agreement may provide for: (i) payment of consideration and reasonable
622	622	603expenses; and (ii) reimbursement of specific expenses if the agreement is terminated pursuant to
623	623	604this chapter.
624	624	605 Section 28D. Unless a surrogacy agreement expressly provides otherwise: (i) the
625	625	606marriage of the surrogate or of an intended parent after the surrogacy agreement has been signed
626	626	607by all parties shall not affect the validity of the surrogacy agreement; (ii) the surrogate or
627	627	608intended parent’s spouse’s consent to the surrogacy agreement shall not be required; (iii) the
628	628	609surrogate or intended parent’s spouse shall not be a presumed parent of a child conceived by
629	629	610assisted reproduction under the surrogacy agreement; and (iv) the divorce or annulment of the
630	630	611surrogate or of an intended parent after the surrogacy agreement has been signed by all parties
631	631	612shall not affect the validity of the surrogacy agreement.
632	632	613 Section 28E. After the execution of a surrogacy agreement and before the date of
633	633	614termination of the surrogacy agreement pursuant its terms or 180 days after the birth of a child
634	634	615conceived by assisted reproduction under the surrogacy agreement, whichever occurs earlier, the
635	635	616court conducting a proceeding under sections 28 to 28P, inclusive, shall have exclusive,
636	636	617continuing jurisdiction over all matters arising out of the surrogacy agreement; provided,
637	637	618however, that the court shall not have jurisdiction over a child custody or child support
638	638	619proceeding if jurisdiction is not otherwise authorized. 32 of 41
639	639	620 Section 28F. (a) A party to a gestational surrogacy agreement may terminate the
640	640	621agreement at any time before an embryo transfer or implantation by giving written notice of
641	641	622termination to all other parties. If an embryo transfer or implantation does not result in
642	642	623pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer
643	643	624or implantation.
644	644	625 (b) Unless a gestational surrogacy agreement provides otherwise, upon termination of the
645	645	626agreement under subsection (a), the parties shall be released from the agreement; provided,
646	646	627however, that the intended parent or parents remain responsible for expenses that are
647	647	628reimbursable under the agreement and incurred by the gestational surrogate through the date of
648	648	629the termination of the agreement.
649	649	630 (c) Except in a case involving fraud, neither a gestational surrogate nor the surrogate’s
650	650	631spouse or former spouse, if any, shall be liable to the intended parent or parents for punitive or
651	651	632liquidated damages for terminating a gestational surrogacy agreement in compliance with this
652	652	633section.
653	653	634 Section 28G. (a) Except as otherwise provided in subsection (c), or sections 28H or 28J,
654	654	635upon the birth of a child conceived by assisted reproduction under a gestational surrogacy
655	655	636agreement, each intended parent shall be, by operation of law, a parent of the child. Parental
656	656	637rights shall vest exclusively in the intended parent or parents immediately upon birth of the
657	657	638resulting child.
658	658	639 (b) Except as otherwise provided in subsection (c) or section 28J, a person acting as
659	659	640gestational surrogate or such person’s spouse or former spouse, if any, shall not be, by operation
660	660	641of law, a parent of the child. 33 of 41
661	661	642 (c) If a child is alleged to be a genetic child of the gestational surrogate, the court shall,
662	662	643upon finding sufficient evidence, order genetic testing of the child. If the child is a genetic child
663	663	644of the gestational surrogate, parentage shall be determined in accordance with sections 1 to 27,
664	664	645inclusive.
665	665	646 (d) Except as otherwise provided in subsection (c) or subsection (b) of section 28H or
666	666	647section 28I, if, due to a clinical or laboratory error, a child conceived by assisted reproduction
667	667	648under a gestational surrogacy agreement is not genetically related to an intended parent or a
668	668	649donor who donated to the intended parent or parents, each intended parent shall be a parent of the
669	669	650child and the person acting as gestational surrogate and their spouse or former spouse, if any,
670	670	651shall not be a parent of the child.
671	671	652 (e) This section shall apply to an intended parent, including an intended parent who dies
672	672	653during the period between the transfer or implantation of a gamete or embryo and the birth of the
673	673	654child.
674	674	655 Section 28H. Except as otherwise provided in section 28J, an intended parent shall not be
675	675	656a parent of a child conceived by assisted reproduction under a gestational surrogacy agreement if
676	676	657the intended parent dies before the transfer or implantation of a gamete or embryo unless: (i) the
677	677	658surrogacy agreement provides otherwise; and (ii) the transfer of a gamete or embryo occurs not
678	678	659later than 36 months after the death of the intended parent or birth of the child occurs not later
679	679	660than 45 months after the death of the intended parent.
680	680	661 Section 28I. (a) Except as otherwise provided in subsection (c) of section 28G or section
681	681	66228J, before, on or after the birth of a child conceived by assisted reproduction under a gestational 34 of 41
682	682	663surrogacy agreement, any party to the agreement may commence a proceeding for a judgment of
683	683	664parentage:
684	684	665 (i) declaring that each intended parent is a parent of the child and ordering that parental
685	685	666rights and duties vest immediately upon the birth of the child exclusively in each intended
686	686	667parent;
687	687	668 (ii) declaring that the gestational surrogate and the surrogate’s spouse or former spouse, if
688	688	669any, are not the parents of the child;
689	689	670 (iii) designating the content of the birth record in accordance with chapter 46 and
690	690	671directing the department of public health to designate each intended parent as a parent of the
691	691	672child;
692	692	673 (iv) to protect the privacy of the child and the parties, declaring that the court record and
693	693	674related pleadings be impounded in accordance with this section;
694	694	675 (v) if necessary, ordering that the child be surrendered to the intended parent or parents;
695	695	676 (vi) if necessary, ordering that the hospital where the child will be or has been born, treat
696	696	677the intended parent or parents as the sole legal parent or parents for the purpose of naming and
697	697	678medical decisions; and
698	698	679 (vii) for other relief the court determines necessary and proper.
699	699	680 (b) The court may issue an order or judgment under subsection (a) before or after the
700	700	681birth of the child, as requested by the parties. 35 of 41
701	701	682 (c) The commonwealth, the department of public health, the town or city clerk and the
702	702	683hospital where the child is born or is intended to be born shall not be necessary parties to a
703	703	684proceeding under subsection (a). Any party to the surrogacy agreement not joining in the action
704	704	685shall be provided with notice of the proceeding.
705	705	686 (d) A complaint filed pursuant to this section shall include: (i) a copy of the executed
706	706	687surrogacy agreement; (ii) a sworn affidavit of the assisted reproductive physician confirming that
707	707	688the child was conceived pursuant to assisted reproduction; and (iii) certifications from the
708	708	689attorneys representing the intended parent or parents and the gestational surrogate that the
709	709	690requirements of sections 28A, 28B and 28C have been met. A complaint supported by such
710	710	691affidavit and certifications shall be sufficient to establish parentage and a hearing shall not be
711	711	692required unless the court requires additional information which cannot reasonably be ascertained
712	712	693without a hearing.
713	713	694 (e) Upon a finding by a preponderance of the evidence that the complaint satisfies
714	714	695subsection (d), a court shall expeditiously, but not later than 60 days from the docketing of the
715	715	696complaint, issue a judgment of parentage. Parentage judgments issued under this section shall
716	716	697conclusively establish or affirm, where applicable, the parent-child relationship for all purposes.
717	717	698Custody, parenting time, visitation and child support for a nonmarital child shall be determined
718	718	699in accordance with applicable laws, rules, regulations, orders and guidelines.
719	719	700 (f) In the event the certification required by subsection (d) cannot be made because of a
720	720	701technical or nonmaterial deviation from the requirements of sections 28A, 28B and 28C, the
721	721	702court with competent jurisdiction may enforce the agreement and issue a judgment of parentage 36 of 41
722	722	703if the court determines the agreement is in substantial compliance with the requirements of said
723	723	704sections.
724	724	705 (g) At the request of a party, the court of competent jurisdiction shall close a proceeding
725	725	706under this section to the general public. All complaints, pleadings, papers or documents filed
726	726	707pursuant to this section, and docket entries, shall not be available for inspection unless the court
727	727	708where such records are kept, for good cause shown, otherwise orders or unless requested by the
728	728	709child or the parties. All such complaints, pleadings, papers or documents shall be segregated.
729	729	710 Section 28J. (a) A gestational surrogacy agreement that substantially complies with
730	730	711sections 28A, 28B and 28C shall be enforceable.
731	731	712 (b) If a child was conceived by assisted reproduction under a gestational surrogacy
732	732	713agreement that does not substantially comply with sections 28A, 28B and 28C, the court shall
733	733	714determine the rights and duties of the parties to the agreement consistent with the intent of the
734	734	715parties at the time of execution of the agreement. Each party to the agreement and any person
735	735	716who at the time of the execution of the agreement was a spouse of a party to the agreement shall
736	736	717have standing to commence a proceeding to adjudicate an issue related to the enforcement of the
737	737	718agreement.
738	738	719 (c) Except as expressly provided in a gestational surrogacy agreement or subsection (d)
739	739	720or (e), if the agreement is breached by the gestational surrogate or 1 or more intended parents,
740	740	721the non-breaching party shall be entitled to the remedies available at law or in equity.
741	741	722 (d) Specific performance shall not be an available remedy for breach by a gestational
742	742	723surrogate of a provision in an agreement that the gestational surrogate become pregnant,
743	743	724terminate or not terminate a pregnancy or submit to medical procedures. 37 of 41
744	744	725 (e) Except as otherwise provided in subsection (c), if an intended parent is determined to
745	745	726be a parent of the child pursuant to this chapter, specific performance shall be a remedy available
746	746	727for: (i) breach of the agreement by a gestational surrogate which prevents the intended parent
747	747	728from exercising, immediately on birth of the child, the full rights of parentage; or (ii) breach by
748	748	729the intended parent which prevents the intended parent’s acceptance, immediately on birth of the
749	749	730child conceived by assisted reproduction under the agreement, of the duties of parentage.
750	750	731 Section 28K. (a) Except as otherwise provided in section 28N, a genetic surrogacy
751	751	732agreement shall be validated by a probate and family court. A proceeding to validate the
752	752	733agreement shall be commenced before assisted reproduction related to the surrogacy agreement.
753	753	734A complaint filed pursuant to this section shall include: (i) a copy of the executed surrogacy
754	754	735agreement; and (ii) certifications from the legal representatives of the intended parent or parents
755	755	736and the genetic surrogate that the requirements of sections 28A, 28B and 28C have been met.
756	756	737 (b) The court shall issue an order validating a genetic surrogacy agreement, within 60
757	757	738days of the commencement of such a proceeding, if the court finds by a preponderance of the
758	758	739evidence that: (i) sections 28A, 28B and 28C are satisfied; and (ii) all parties entered into the
759	759	740agreement voluntarily and understand its terms.
760	760	741 (c) A person who terminates a genetic surrogacy agreement under section 28L shall file
761	761	742notice of the termination with the court and parties. On receipt of the notice, the court shall
762	762	743vacate any order issued under subsection (b).
763	763	744 Section 28L. (a) An intended parent or genetic surrogate who is a party to the surrogacy
764	764	745agreement may terminate the agreement at any time before a gamete or embryo transfer or
765	765	746implantation by giving notice of termination in writing to all other parties. If a gamete or embryo 38 of 41
766	766	747transfer or implantation does not result in a pregnancy, a party may terminate the agreement at
767	767	748any time before a subsequent gamete or embryo transfer or implantation. The party’s signature
768	768	749on a notice of termination shall be attested by a notary.
769	769	750 (b) An intended parent or genetic surrogate who terminates the agreement after the court
770	770	751issues an order validating the agreement under sections 28K or 28N, but before the genetic
771	771	752surrogate becomes pregnant by means of assisted reproduction, shall file notice of the
772	772	753termination with the court.
773	773	754 (c) A person shall not terminate a validated genetic surrogacy agreement if a gamete or
774	774	755embryo transfer or implantation has resulted in a pregnancy.
775	775	756 (d) Upon the proper termination or completion of a genetic surrogacy agreement, the
776	776	757parties shall be released from all obligations under the agreement except that any intended parent
777	777	758or parents shall remain responsible for all expenses incurred by the genetic surrogate through the
778	778	759date of the completion which are reimbursable under the agreement. Unless the agreement
779	779	760provides otherwise, the genetic surrogate is not entitled to any non-expense related compensation
780	780	761paid for acting as a surrogate.
781	781	762 (e) Except in a case involving fraud, neither a genetic surrogate nor their spouse or
782	782	763former spouse, if any, shall be liable to the intended parent or parents for punitive or liquidated
783	783	764damages, for terminating a genetic surrogacy agreement in compliance with this section.
784	784	765 Section 28M. (a) Upon the birth of a child conceived by assisted reproduction under a
785	785	766genetic surrogacy agreement validated pursuant to section 28K or 28N, each intended parent
786	786	767shall be a parent of the resulting child. 39 of 41
787	787	768 (b) Upon the birth of a child conceived by assisted reproduction under a genetic
788	788	769surrogacy agreement validated under section 28K or 28N, the intended parent or parents shall
789	789	770file a notice with the court that validated said agreement that a child has been born as a result of
790	790	771assisted reproduction under that agreement. Upon receiving such notice, the court shall
791	791	772immediately, or as soon as practicable, issue an order without notice and hearing:
792	792	773 (i) declaring that any intended parent or parents is a parent of a child conceived by
793	793	774assisted reproduction under the agreement and ordering that parental rights and duties vest
794	794	775exclusively in any intended parent;
795	795	776 (ii) declaring that the genetic surrogate and their spouse or former spouse, if any, are not
796	796	777parents of the child;
797	797	778 (iii) designating the contents of the birth certificate in accordance with chapter 46 and
798	798	779directing the department of public health to designate any intended parent as a parent of the
799	799	780child;
800	800	781 (iv) to protect the privacy of the child and the parties, declaring that the court record and
801	801	782related pleadings be impounded in accordance with section 28I;
802	802	783 (v) if necessary, ordering that the child be surrendered to the intended parent or parents;
803	803	784and
804	804	785 (vi) for other relief the court determines necessary and proper.
805	805	786 (c) Except as otherwise provided in subsection (d) or section 28O, if, due to a clinical or
806	806	787laboratory error, a child conceived by assisted reproduction under a genetic surrogacy agreement
807	807	788is not genetically related to an intended parent or a donor who donated to the intended parent or 40 of 41
808	808	789parents, each intended parent and not the genetic surrogate and their spouse or former spouse, if
809	809	790any, shall be a parent of the child.
810	810	791 (d) If a child born to a genetic surrogate is alleged not to have been conceived by assisted
811	811	792reproduction, the court may, upon finding sufficient evidence, order genetic testing to determine
812	812	793the genetic parentage of the child. If the child was not conceived by assisted reproduction and the
813	813	794second source of genetic material is the spouse of the genetic surrogate, then the surrogate and
814	814	795the spouse shall be found to be the parents of the child. If the second genetic source is a person
815	815	796other than the spouse of the surrogate, then parentage shall be determined as provided in sections
816	816	7971 to 27, inclusive; provided, however, that if the second genetic source is an intended parent, the
817	817	798court, in its sole discretion, shall determine parentage under sections 1 to 27, inclusive. Unless
818	818	799the genetic surrogacy agreement provides otherwise, the genetic surrogate shall not be entitled to
819	819	800any non-expense related compensation paid for acting as a surrogate if the child was not
820	820	801conceived by assisted reproduction.
821	821	802 (e) If an intended parent fails to file the notice required under subsection (b), the person
822	822	803acting as genetic surrogate may file with the court, not later than 60 days after the birth of a child
823	823	804conceived by assisted reproduction under the genetic surrogacy agreement, notice that the child
824	824	805has been born to the genetic surrogate. On proof of a court order issued under sections 28K or
825	825	80628N validating the agreement, the court shall order that each intended parent is a parent of the
826	826	807child.
827	827	808 Section 28N. (a) A genetic surrogacy agreement, whether or not in writing, that is not
828	828	809validated under section 28K shall be enforceable only to the extent provided in this section and
829	829	810section 28P. 41 of 41
830	830	811 (b) If all parties agree, a court may validate a genetic surrogacy agreement after assisted
831	831	812reproduction has occurred and before the birth of a child conceived by assisted reproduction
832	832	813under the agreement if the court finds by a preponderance of the evidence that: (i) sections 28A,
833	833	81428B or 28C are satisfied; and (ii) all parties entered into the agreement voluntarily and
834	834	815understand its terms.
835	835	816 (c) If a child conceived by assisted reproduction under a genetic surrogacy agreement that
836	836	817is not validated under section 28K or subsection (b) is born, the genetic surrogate shall not
837	837	818automatically be a parent and the court shall adjudicate parentage of the child based on the best
838	838	819interest of the child, taking into account the factors in subsection (a) of section 26 and the intent
839	839	820of the parties at the time of the execution of the agreement.
840	840	821 (d) The parties to a genetic surrogacy agreement shall have standing to commence a
841	841	822proceeding to adjudicate parentage under this section.
842	842	823 Section 28O. (a) Except as otherwise provided in sections 28M or 28N, upon the birth of
843	843	824a child conceived by assisted reproduction under a genetic surrogacy agreement, each intended
844	844	825parent shall be, by operation of law, a parent of the child, notwithstanding the death of an
845	845	826intended parent during the period between the transfer of a gamete or embryo and the birth of the
846	846	827child.
847	847	828 (b) Except as otherwise provided in sections 28M or 28N, an intended parent shall not be
848	848	829a parent of a child conceived by assisted reproduction under a genetic surrogacy agreement if the
849	849	830intended parent dies before the transfer of a gamete or embryo unless: (i) the agreement provides
850	850	831otherwise; and (ii) the transfer of the gamete or embryo occurs not later than 36 months after the 42 of 41
851	851	832death of the intended parent, or birth of the child occurs not later than 45 months after the death
852	852	833of the intended parent.
853	853	834 Section 28P. (a) Subject to subsection (d) of section 28L, if a genetic surrogacy
854	854	835agreement is breached by a genetic surrogate or 1 or more intended parents, the non-breaching
855	855	836party is entitled to the remedies available at law or in equity.
856	856	837 (b) Specific performance shall not be an available remedy for breach by a genetic
857	857	838surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the
858	858	839genetic surrogate become pregnant, terminate or not terminate a pregnancy or submit to medical
859	859	840procedures.
860	860	841 (c) Except as otherwise provided in subsection (b), specific performance shall be a
861	861	842remedy available for: (i) breach of a validated genetic surrogacy agreement by a genetic
862	862	843surrogate of a requirement which prevents an intended parent from exercising, immediately upon
863	863	844birth of the child, the full rights of parentage; or (ii) breach by an intended parent which prevents
864	864	845the intended parent’s acceptance, immediately upon birth of the child, of the duties of parentage.
865	865	846 SECTION 65. The department of the trial court, in accordance with section 24 of chapter
866	866	847209C of the General Laws, shall update existing forms and promulgate new forms as necessary
867	867	848for use under said chapter 209C, which shall be in such form and language to permit a person to
868	868	849prepare and file such forms pro se.
869	869	850 SECTION 66. This act shall take effect on January 1, 2025.