Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2912 Compare Versions

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1	1	1 of 42
2	2	SENATE . . . . . . . . . . . . . . No. 2912
3	3	July 30, 2024 -- Text of the Senate amendment to the House Bill to ensure legal parentage
4	4	equality (House, No. 4750) (being the text of Senate, No. 2906, printed as amended)
5	5	The Commonwealth of Massachusetts
6	6	_______________
7	7	In the One Hundred and Ninety-Third General Court
8	8	(2023-2024)
9	9	_______________
10	10	1 SECTION 1. Section 1 of chapter 46 of the General Laws, as appearing in the 2022
11	11	2Official Edition, is hereby amended by striking out the second paragraph and inserting in place
12	12	3thereof the following paragraph:-
13	13	4 In the record of births, name, date of birth, place of birth and sex of child; legal names,
14	14	5dates of birth, residences, places of birth and surname at birth or adoption of the parent or
15	15	6parents. In the record of birth of a child born to parents not married to each other, the name of
16	16	7and other facts relating to the other parent or parents shall not be recorded except as provided in
17	17	8section 2 of chapter 209C where parentage has been acknowledged or adjudicated under the laws
18	18	9of the commonwealth or under the law of any other jurisdiction.
19	19	10 SECTION 2. Section 4B of said chapter 46 is hereby repealed.
20	20	11 SECTION 3. Section 13 of said chapter 46, as appearing in the 2022 Official Edition, is
21	21	12hereby amended by striking out, in lines 53 to 56, inclusive, the words “paternity by a court or
22	22	13administrative agency of competent jurisdiction in the commonwealth and the court orders the
23	23	14state registrar to amend the birth certificate to include the information relating to the father” and
24	24	15inserting in place thereof the following words:- parentage by a court or administrative agency of 2 of 42
25	25	16competent jurisdiction in the commonwealth and the court orders the state registrar to originally
26	26	17issue or to amend the birth certificate to include the information relating to the parentage of the
27	27	18child.
28	28	19 SECTION 4. Chapter 209C of the General Laws is hereby amended by striking out the
29	29	20title, as so appearing, and inserting in place thereof the following title:- NONMARITAL
30	30	21CHILDREN AND PARENTAGE OF CHILDREN.
31	31	22 SECTION 5. Section 1 of chapter 209C of the General Laws, as so appearing, is hereby
32	32	23amended by inserting after the first sentence the following sentence:- A child shall have the same
33	33	24rights and protections under law to parentage without regard to the marital status, gender, gender
34	34	25identity or sexual orientation of their parents or the circumstances of the child’s birth, including
35	35	26whether the child was born as a result of assisted reproduction or surrogacy.
36	36	27 SECTION 6. Said section 1 of said chapter 209C, as so appearing, is hereby further
37	37	28amended by striking out, in lines 7 and 8, 14, 15 and 17, the word “paternity” and inserting in
38	38	29place thereof, in each instance, the following word:- parentage.
39	39	30 SECTION 7. Said section 1 of said chapter 209C, as so appearing, is hereby further
40	40	31amended by striking out, in lines 11 and 20, the words “child born out of wedlock” and inserting
41	41	32in place thereof, in each instance, the following words:- nonmarital child.
42	42	33 SECTION 8. Said section 1 of said chapter 209C, as so appearing, is hereby further
43	43	34amended by striking out, in lines 11 and 12, the words “a man and woman” and inserting in place
44	44	35thereof the following word:- persons. 3 of 42
45	45	36 SECTION 9. Said section 1 of said chapter 209C, as so appearing, is hereby further
46	46	37amended by striking out, in lines 20 and 25, the word “his”, and inserting in place thereof, in
47	47	38each instance, the following word:- their.
48	48	39 SECTION 10. Said chapter 209C is hereby further amended by inserting after section 1
49	49	40the following section:-
50	50	41 Section 1A. For the purposes of this chapter the following terms shall have the following
51	51	42meanings, unless the context clearly requires otherwise:
52	52	43 “Acknowledged parent”, a person who has established a parent-child relationship through
53	53	44a voluntary acknowledgement of parentage.
54	54	45 “Adjudicated parent”, a person who has been adjudicated to be a parent of a child by a
55	55	46court of competent jurisdiction.
56	56	47 “Alleged genetic parent”, a person who is alleged to be or alleges to be a genetic parent
57	57	48of a child whose parentage has not been adjudicated; provided, however, that “alleged genetic
58	58	49parent” shall include a putative parent, an alleged genetic father and an alleged genetic mother;
59	59	50and provided further, that “alleged genetic parent” shall not include a presumed parent under
60	60	51section 6, an individual whose parental rights have been terminated or declared not to exist or a
61	61	52donor as described in section 27.
62	62	53 “Assisted reproduction”, a method of causing pregnancy other than sexual intercourse
63	63	54including, but not limited to, artificial insemination, intrauterine, intracervical or vaginal
64	64	55insemination, donation of gametes or embryos, in vitro fertilization and transfer of embryos and
65	65	56intracytoplasmic sperm injection. 4 of 42
66	66	57 “Donor”, a person who provides a gamete or embryo intended for use in assisted
67	67	58reproduction or gestation, whether or not for consideration; provided, however, that this term
68	68	59shall not include a person who consents to assisted reproduction with the intent to be a parent of
69	69	60the resulting child.
70	70	61 “Genetic surrogacy agreement”, a surrogacy agreement involving a genetic surrogate.
71	71	62 “Genetic surrogate”, a person who is not an intended parent and agrees to become
72	72	63pregnant through assisted reproduction using their own gamete under a genetic surrogacy
73	73	64agreement as provided in this chapter.
74	74	65 “Gestational surrogacy agreement”, a surrogacy agreement involving a gestational
75	75	66surrogate.
76	76	67 “Gestational surrogate”, a person who is not an intended parent and agrees to become
77	77	68pregnant through assisted reproduction using gametes that are not their own under a gestational
78	78	69surrogacy agreement as provided in this chapter.
79	79	70 “Intended parent”, a person, whether married or unmarried, who manifests an intent to be
80	80	71legally bound as a parent of a child resulting from assisted reproduction.
81	81	72 “Nonmarital child”, a child born to persons who are not married to each other.
82	82	73 “Parent”, a person who has established parentage of a child through: (i) birth except as
83	83	74otherwise provided in sections 28 to 28P, inclusive; (ii) presumption pursuant to section 6; (iii)
84	84	75adjudication by a court of competent jurisdiction; (iv) adoption pursuant to chapter 210; (v)
85	85	76acknowledgement pursuant to section 11; (vi) de facto parentage pursuant to section 25; (vii) 5 of 42
86	86	77assisted reproduction pursuant to section 27; or (viii) surrogacy pursuant to sections 28 to 28P,
87	87	78inclusive.
88	88	79 “Parentage” or “parent-child relationship”, the legal relationship between a child and a
89	89	80parent of the child.
90	90	81 “Presumed parent”, a person who is presumed to be a parent of a child pursuant to section
91	91	826, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is
92	92	83made under section 11 or a court adjudicates the person to be a parent.
93	93	84 “Surrogacy agreement”, an agreement between 1 or more intended parents and a person
94	94	85who is not an intended parent in which that person agrees to become pregnant through assisted
95	95	86reproduction and which provides that each intended parent is a parent of a child conceived under
96	96	87the agreement.
97	97	88 “Surrogate”, a genetic surrogate or gestational surrogate.
98	98	89 SECTION 11. Section 2 of said chapter 209C, as appearing in the 2022 Official Edition,
99	99	90is hereby amended by striking out, in line 1, the word “Paternity” and inserting in place thereof
100	100	91the following word:- Parentage.
101	101	92 SECTION 12. Said section 2 of said chapter 209C, as so appearing, is hereby further
102	102	93amended by striking out, in lines 5, 6, 12, 13, 16 and 18, the word “paternity” and inserting in
103	103	94place thereof, in each instance, the following word:- parentage.
104	104	95 SECTION 13. Section 3 of said chapter 209C, as so appearing, is hereby amended by
105	105	96striking out, in lines 3, 7, 32, 35 and 36 and 51, the word “paternity” and inserting in place
106	106	97thereof, in each instance, the following word:- parentage. 6 of 42
107	107	98 SECTION 14. Said section 3 of said chapter 209C, as so appearing, is hereby further
108	108	99amended by inserting after the word “parentage”, in line 4, the following words:- under this
109	109	100chapter.
110	110	101 SECTION 15. Said section 3 of said chapter 209C, as so appearing, is hereby further
111	111	102amended by striking out, in line 13, the word “his” and inserting in place thereof the following
112	112	103word:- their.
113	113	104 SECTION 16. Section 4 of said chapter 209C, as so appearing, is hereby amended by
114	114	105striking out, in lines 1 and 11, the word “paternity” and inserting in place thereof, in each
115	115	106instance, the following word:- parentage.
116	116	107 SECTION 17. Section 5 of said chapter 209C, as so appearing, is hereby amended by
117	117	108striking out, in lines 1 and 2, 19, 55, 60 and 62, the word “paternity” and inserting in place
118	118	109thereof, in each instance, the following word:- parentage.
119	119	110 SECTION 18. Said section 5 of said chapter 209C, as so appearing, is hereby further
120	120	111amended by striking out, in line 3, the word “mother” and inserting in place thereof the following
121	121	112words:- person who gave birth to the child.
122	122	113 SECTION 19. Said section 5 of said chapter 209C, as so appearing, is hereby further
123	123	114amended by striking out, in lines 4 and 21, the word “himself” and inserting in place thereof, in
124	124	115each instance, the following word:- themselves.
125	125	116 SECTION 20. Said section 5 of said chapter 209C, as so appearing, is hereby further
126	126	117amended by striking out, in lines 4 and 9, each time it appears, the word “father” and inserting in
127	127	118place thereof, in each instance, the following words:- other parent. 7 of 42
128	128	119 SECTION 21. Said section 5 of said chapter 209C, as so appearing, is hereby further
129	129	120amended by striking out, in line 7, the words “mother if the mother” and inserting in place
130	130	121thereof the following words:- person who gave birth to the child if that person.
131	131	122 SECTION 22. Said section 5 of said chapter 209C, as so appearing, is hereby further
132	132	123amended by striking out, in line 17, the words “mother of the child” and inserting in place
133	133	124thereof the following words:- person who gave birth to the child.
134	134	125 SECTION 23. Said section 5 of said chapter 209C, as so appearing, is hereby further
135	135	126amended by striking out, in lines 21 and 22, the words “father unless he is or was the mother’s
136	136	127husband” and inserting in place thereof the following words:- parent unless such parent is or was
137	137	128the spouse of the person who gave birth to the child.
138	138	129 SECTION 24. Said section 5 of said chapter 209C, as so appearing, is hereby further
139	139	130amended by striking out subsection (b) and inserting in place thereof the following subsection:-
140	140	131 (b) Voluntary acknowledgments of parentage may be executed by the person who gave
141	141	132birth and either an alleged genetic parent, presumed parent or intended parent as provided in this
142	142	133chapter, whether either or both is a minor, and may be registered pursuant to section 11 only if
143	143	134the signatures of both signatories are notarized. If the person who gave birth to the child was or
144	144	135is married to a spouse other than the other parent and the child’s birth occurs during the marriage
145	145	136or within 300 days of its termination by divorce, a voluntary acknowledgment of parentage
146	146	137naming the other parent may be executed by the person who gave birth and the other parent only
147	147	138if the person who gave birth and their spouse or former spouse at the time of the child’s birth or
148	148	139conception sign an affidavit denying that the spouse is the parent of the child; provided,
149	149	140however, that where the marriage has been terminated by annulment or by the death of either 8 of 42
150	150	141spouse, parentage of the other parent may only be established by filing a complaint to establish
151	151	142parentage as provided in this chapter. Prior to signing a voluntary acknowledgment of parentage
152	152	143at the hospital or thereafter at the office of the city or town clerk as part of the birth registration
153	153	144process pursuant to section 3C of chapter 46, with the department of transitional assistance, with
154	154	145the IV–D agency set forth in chapter 119A, with any agency designated by the United States
155	155	146Secretary of Health and Human Services or with any official of a court, a person who gave birth
156	156	147and the other parent shall receive notice orally, or through the use of video or audio equipment,
157	157	148and in writing of alternatives to signing the acknowledgment, including the availability of
158	158	149genetic marker testing, as well as the benefits and responsibilities with respect to child support,
159	159	150custody and visitation that may arise from signing the acknowledgment and subsequently filing
160	160	151the acknowledgment with the court or with the registrar of vital records and statistics as provided
161	161	152in this chapter.
162	162	153 SECTION 25. Section 6 of said chapter 209C, as so appearing, is hereby amended by
163	163	154striking out, in lines 1 and 2, the words “In all actions under this chapter a man is presumed to be
164	164	155the father of a child and must be joined as a party” and inserting in place thereof the following
165	165	156words:- A person is presumed to be the parent of a child and shall be joined as a party in all
166	166	157actions under this chapter.
167	167	158 SECTION 26. Said section 6 of said chapter 209C, as so appearing, is hereby further
168	168	159amended by striking out, in lines 3, 6, 11, 14, 16 and 18, the word “he” and inserting in place
169	169	160thereof, in each instance, the following words:- the person. 9 of 42
170	170	161 SECTION 27. Said section 6 of said chapter 209C, as so appearing, is hereby further
171	171	162amended by striking out, in line 3, 7, 12 and 19, the word “mother” and inserting in place
172	172	163thereof, in each instance, the following words:- person who gave birth to the child.
173	173	164 SECTION 28. Said section 6 of said chapter 209C, as so appearing, is hereby further
174	174	165amended by striking out, in line 17, the word “paternity” and inserting in place thereof the
175	175	166following word:- parentage.
176	176	167 SECTION 29. Said section 6 of said chapter 209C, as so appearing, is hereby further
177	177	168amended by striking out, in lines 21 to 23, inclusive, the words “he has acknowledged paternity
178	178	169in a parental responsibility claim as provided in section four A of chapter two hundred and ten
179	179	170and the mother” and inserting in place thereof the following words:- the person has
180	180	171acknowledged parentage in a parental responsibility claim as provided in section 4A of chapter
181	181	172210 and the person who gave birth to the child.
182	182	173 SECTION 30. Said section 6 of said chapter 209C, as so appearing, is hereby further
183	183	174amended by striking out, in lines 25 to 27, inclusive, the words “his consent and the consent of
184	184	175the child’s mother, he is named as the child’s father” and inserting in place thereof the following
185	185	176words:- the person’s consent and the consent of the person who gave birth to the child, the
186	186	177person is named as the child’s parent.
187	187	178 SECTION 31. Said section 6 of said chapter 209C, as so appearing, is hereby further
188	188	179amended by striking out subsection (b) and inserting in place thereof the following subsection:-
189	189	180 (b) Notwithstanding subsection (a), a spouse or former spouse shall not be required to be
190	190	181joined as a party if that person’s non-parentage of the child has previously been adjudicated in a 10 of 42
191	191	182proceeding between the spouse and the person who gave birth to the child in a court or
192	192	183administrative agency of competent jurisdiction.
193	193	184 SECTION 32. Section 7 of said chapter 209C, as so appearing, is hereby amended by
194	194	185striking out, in lines 3 and 4 and 8, the word “paternity” and inserting in place thereof, in each
195	195	186instance, the following word:- parentage.
196	196	187 SECTION 33. Section 8 of said chapter 209C, as so appearing, is hereby amended by
197	197	188striking out, in lines 1, 2, 5 and 15, the word “paternity” and inserting in place thereof, in each
198	198	189instance, the following word:- parentage.
199	199	190 SECTION 34. Said section 8 of said chapter 209C, as so appearing, is hereby further
200	200	191amended by striking out, in line 4, the word “his” and inserting in place thereof the following
201	201	192words:- the defendant’s.
202	202	193 SECTION 35. Said section 8 of said chapter 209C, as so appearing, is hereby further
203	203	194amended by striking out, in line 7, the words “mother or putative father submits” and inserting in
204	204	195place thereof the following words:- person who gave birth to the child or alleged genetic parent
205	205	196submits sufficient evidence of parentage, which may include evidence.
206	206	197 SECTION 36. Said section 8 of said chapter 209C, as so appearing, is hereby further
207	207	198amended by striking out, in lines 12 and 13, the words “father or mother” and inserting in place
208	208	199thereof the following word:- parent.
209	209	200 SECTION 37. Said section 8 of said chapter 209C, as so appearing, is hereby further
210	210	201amended by striking out, in line 16, the word “mother” and inserting in place thereof the
211	211	202following words:- person who gave birth to the child. 11 of 42
212	212	203 SECTION 38. Section 9 of said chapter 209C, as so appearing, is hereby amended by
213	213	204striking out, in line 21, the word “his” and inserting in place thereof the following words:- the
214	214	205defendant’s.
215	215	206 SECTION 39. Said section 9 of said chapter 209C, as so appearing, is hereby further
216	216	207amended by striking out, in line 27, the word “mother” and inserting in place thereof the
217	217	208following words: another parent.
218	218	209 SECTION 40. Subsection (a) of section 10 of said chapter 209C, as so appearing, is
219	219	210hereby amended by striking out the first paragraph and inserting in place thereof the following
220	220	211paragraph:-
221	221	212 Upon or after an adjudication or voluntary acknowledgment of parentage, the court may
222	222	213award custody of a nonmarital child to either parent or to them jointly or to another suitable
223	223	214person as hereafter further specified as may be appropriate in the best interests of the child.
224	224	215 SECTION 41. Said section 10 of said chapter 209C, as so appearing, is hereby further
225	225	216amended by striking out subsection (b) and inserting in place thereof the following subsection:-
226	226	217 (b) Prior to or in the absence of an adjudication or voluntary acknowledgment of
227	227	218parentage, the person who gave birth shall have custody of a nonmarital child. In the absence of
228	228	219an order or judgment of a probate and family court relative to custody, the person who gave birth
229	229	220shall continue to have custody of a nonmarital child after an adjudication of parentage or
230	230	221voluntary acknowledgment of parentage. 12 of 42
231	231	222 SECTION 42. Section 11 of said chapter 209C, as so appearing, is hereby amended by
232	232	223striking out, in line 2, the words “putative father” and inserting in place thereof the following
233	233	224words:- alleged genetic parent, presumed parent or intended parent.
234	234	225 SECTION 43. Said section 11 of said chapter 209C, as so appearing, is hereby further
235	235	226amended by striking out, in line 3, the words “mother of” and inserting in place thereof the
236	236	227following words:- person who gave birth to.
237	237	228 SECTION 44. Said section 11 of said chapter 209C, as so appearing, is hereby further
238	238	229amended by striking out, in lines 7, 16, 20, 22 and 37, the word “paternity” and inserting in place
239	239	230thereof, in each instance, the following word:- parentage.
240	240	231 SECTION 45. Said section 11 of said chapter 209C, as so appearing, is hereby further
241	241	232amended by striking out, in line 21, the words “by such putative father and mother”.
242	242	233 SECTION 46. Subsection (a) of said section 11 of said chapter 209C, as so appearing, is
243	243	234hereby amended by striking out the tenth sentence and inserting in place thereof the following
244	244	235sentence:- If either party rescinds the acknowledgment in a timely fashion and the basis of the
245	245	236acknowledgment was genetic parentage, the court shall order genetic marker testing and proceed
246	246	237to adjudicate parentage or nonparentage in accordance with this chapter; provided, however, that
247	247	238the rescinded acknowledgment shall constitute the proper showing required for an order to
248	248	239submit to such testing; and provided further, that the rescinded acknowledgment shall be
249	249	240admissible as evidence of the alleged genetic parent’s parentage and shall serve as sufficient
250	250	241basis for admitting the report of the results of genetic marker tests. 13 of 42
251	251	242 SECTION 47. Said section 11 of said chapter 209C, as so appearing, is hereby further
252	252	243amended by striking out, in line 56, the word “nonpaternity” and inserting in place thereof the
253	253	244following word:- nonparentage.
254	254	245 SECTION 48. Said section 11 of said chapter 209C, as so appearing, is hereby further
255	255	246amended by striking out, in line 59, the words “a mother and father” and inserting in place
256	256	247thereof the following word:- parents.
257	257	248 SECTION 49. Section 12 of said chapter 209C, as so appearing, is hereby amended by
258	258	249striking out, in line 2, the word “paternity” and inserting in place thereof the following word:-
259	259	250parentage.
260	260	251 SECTION 50. Section 13 of said chapter 209C, as so appearing, is hereby amended by
261	261	252striking out, in lines 1 and 2, the words “paternity or in which paternity” and inserting in place
262	262	253thereof the following words:- parentage or in which parentage.
263	263	254 SECTION 51. Said section 13 of said chapter 209C, as so appearing, is hereby further
264	264	255amended by striking out, in lines 7 to 9, inclusive, the words “father is adjudicated not to be the
265	265	256father of the child; provided, however, that the child, the child’s mother, the person adjudicated
266	266	257to be the father” and inserting in place thereof the following words:- parent is adjudicated not to
267	267	258be the parent of the child; provided, however, that the child, the person who gave birth to the
268	268	259child, the person adjudicated to be the parent.
269	269	260 SECTION 52. Said chapter 209C is hereby further amended by striking out section 14, as
270	270	261so appearing, and inserting in place thereof the following section:- 14 of 42
271	271	262 Section 14. Except as otherwise provided in this chapter, an action to establish parentage
272	272	263of a child may be instituted during pregnancy but shall only be filed by the person who is to give
273	273	264birth to the child or such person’s representative or by the IV-D agency as set forth in chapter
274	274	265119A on behalf of the person who is to give birth. In the case of any complaint brought prior to
275	275	266the birth of the child, no final judgment on the issue of parentage shall be made until after the
276	276	267birth of the child; provided, however, that the court may order temporary support or health care
277	277	268coverage.
278	278	269 SECTION 53. Section 16 of said chapter 209C, as so appearing, is hereby amended by
279	279	270striking out subsections (c) to (e), inclusive, and inserting in place thereof the following 3
280	280	271subsections:-
281	281	272 (c) In an action pursuant to this chapter, the person who gave birth and the alleged
282	282	273genetic parent shall be competent to testify and no privilege or disqualification created under
283	283	274chapter 233 shall prohibit testimony by a spouse or former spouse which is otherwise competent.
284	284	275If the person who gave birth is or was married, both that person and their spouse or former
285	285	276spouse may testify to parentage of the child.
286	286	277 (d) In an action to establish parentage, testimony relating to sexual access to the person
287	287	278who gave birth by an unidentified person at any time or by an identified person at any time other
288	288	279than the probable time of conception of the child is inadmissible in evidence unless offered by
289	289	280the person who gave birth.
290	290	281 (e) In an action to establish parentage based on alleged genetic parentage, the court may
291	291	282view the person who gave birth, the child and the alleged genetic parent to note any resemblance
292	292	283among the parties notwithstanding the absence of expert testimony. 15 of 42
293	293	284 SECTION 54. Said section 16 of said chapter 209C, as so appearing, is hereby further
294	294	285amended by striking out, in line 25, the word “mother” and inserting in place thereof the
295	295	286following words:- person who gave birth to the child.
296	296	287 SECTION 55. Said section 16 of said chapter 209C, as so appearing, is hereby further
297	297	288amended by striking out, in line 36, the word “paternity” and inserting in place thereof the
298	298	289following word:- parentage.
299	299	290 SECTION 56. Section 17 of said chapter 209C, as so appearing, is hereby amended by
300	300	291striking out, in lines 1 and 2, the words “paternity of a child born out of wedlock” and inserting
301	301	292in place thereof the following words:- parentage of a nonmarital child based on alleged genetic
302	302	293parentage.
303	303	294 SECTION 57. Said section 17 of said chapter 209C, as so appearing, is hereby further
304	304	295amended by striking out, in lines 4, 9, 10, 13, 26 and 28, the word “mother” and inserting in
305	305	296place thereof, in each instance, the following words:- person who gave birth to the child.
306	306	297 SECTION 58. Said section 17 of said chapter 209C, as so appearing, is hereby further
307	307	298amended by striking out, in lines 4, 9, 10, 13, 26, 28, 31, 48 and 49, the words “putative father”
308	308	299and inserting in place thereof, in each instance, the following words:- alleged genetic parent.
309	309	300 SECTION 59. Said section 17 of said chapter 209C, as so appearing, is hereby further
310	310	301amended by striking out, in lines 21 and 22, the words “putative father’s” and inserting in place
311	311	302thereof the following words:- alleged genetic parent’s. 16 of 42
312	312	303 SECTION 60. Said section 17 of said chapter 209C, as so appearing, is hereby further
313	313	304amended by striking out, in lines 22 and 30, the word “paternity” and inserting in place thereof,
314	314	305in each instance, the following words:- genetic parentage.
315	315	306 SECTION 61. Said section 17 of said chapter 209C, as so appearing, is hereby further
316	316	307amended by striking out, in lines 31 and 32 and in line 49, the first time it appears, the word
317	317	308“father” and inserting in place thereof, in each instance, the following word:- parent.
318	318	309 SECTION 62. Said section 17 of said chapter 209C, as so appearing, is hereby further
319	319	310amended by adding the following sentence:- Genetic testing shall not be used to challenge the
320	320	311parentage of an individual who is a parent under sections 25, 27 and 28 to 28P, inclusive, or to
321	321	312establish the parentage of an individual who is a donor as provided in said sections.
322	322	313 SECTION 63. Section 21 of said chapter 209C, as so appearing, is hereby amended by
323	323	314striking out, in line 4, the word “paternity” and inserting in place thereof the following word:-
324	324	315parentage.
325	325	316 SECTION 64. Section 23 of said chapter 209C, as so appearing, is hereby amended by
326	326	317striking out, in lines 1, 10, 11 and 14, the word “paternity”, and inserting in place thereof, in each
327	327	318instance, the following word:- parentage.
328	328	319 SECTION 65. Said chapter 209C is hereby further amended by adding the following 20
329	329	320sections:-
330	330	321 Section 25. (a) This section shall apply to nonmarital and marital children. 17 of 42
331	331	322 (b) A proceeding to adjudicate parentage of a child under this section may be
332	332	323commenced only by a person who: (i) is alive when the proceeding is commenced; and (ii)
333	333	324claims to be a de facto parent of the subject child under this section.
334	334	325 (c) A proceeding under this section shall be commenced during a child’s lifetime and
335	335	326before the child attains 18 years of age.
336	336	327 (d) Proceedings under this section shall be governed by the Massachusetts Rules of
337	337	328Domestic Relations Procedure.
338	338	329 (e) All parents, legal guardians and legal custodians of the subject child shall be entitled
339	339	330to notice.
340	340	331 (f) The plaintiff shall file a verified complaint alleging specific facts to support each
341	341	332element required to establish de facto parentage as set forth in subsection (i), along with any
342	342	333other pleadings, affidavits or information required by the court. The verified complaint shall be
343	343	334served on all parents, legal guardians and legal custodians of the child and any other party to the
344	344	335proceeding. Prior to an adjudication of the merits, and within 60 days of the commencement of a
345	345	336proceeding under this section, the court shall determine, based on the pleadings, whether the
346	346	337plaintiff has alleged facts sufficient to satisfy each element required to establish de facto
347	347	338parentage. Upon request made by a party entitled to notice or upon the court’s own initiative, the
348	348	339court may hold a hearing on the sufficiency of the pleadings; provided, however, that if the court
349	349	340holds any such hearing, the hearing shall be held on an expedited basis. Failure of a pleading to
350	350	341meet these standards shall constitute grounds for the court to enter a sua sponte judgment of
351	351	342dismissal without prejudice. 18 of 42
352	352	343 (g) Prior to an adjudication of the merits, and within 60 days of the commencement of a
353	353	344proceeding under this section, the court shall determine whether the plaintiff has standing to seek
354	354	345an adjudication of parentage of a child under this section. Upon request made by a party entitled
355	355	346to notice or upon the court’s own initiative, the court may hold a hearing on the issue of
356	356	347standing; provided, however, that any such hearing shall be held on an expedited basis; and
357	357	348provided further, that a hearing shall be required and there shall be a rebuttable presumption
358	358	349against standing if the court finds by a preponderance of the evidence that:
359	359	350 (i) the plaintiff is or was the defendant to: (A) an abuse prevention order issued after
360	360	351notice and hearing pursuant to chapter 209A; (B) a protection order issued pursuant to section
361	361	35234B or 34C of chapter 208; or (C) a harassment prevention order issued pursuant to chapter
362	362	353258E, involving the child, a parent of the child or a household member of the child;
363	363	354 (ii) the department of children and families has made a determination supporting an
364	364	355allegation of abuse against the plaintiff with respect to the subject child or another child in the
365	365	356same household;
366	366	357 (iii) a defendant parent has been an active deployed member of the military during the
367	367	358past 3 years;
368	368	359 (iv) a defendant parent executed a military family care plan and but for the plan, the
369	369	360plaintiff would not meet at least 1 of the requirements of subsection (i), unless the defendant
370	370	361consents in writing and such written consent is filed with the complaint; or
371	371	362 (v) the plaintiff is or was the foster parent of the child and but for the plaintiff’s role as
372	372	363foster parent, the plaintiff would not meet at least 1 of the requirements of subsection (i). 19 of 42
373	373	364 (h) A plaintiff may file and serve a motion seeking a temporary order of contact between
374	374	365the subject child and the plaintiff contemporaneously with the complaint. After a hearing, the
375	375	366court may enter a temporary order concerning contact between the child and the plaintiff. No
376	376	367temporary order shall issue before a determination of standing; provided, however, that a hearing
377	377	368on the motion may occur on the same date as any hearing under subsections (f) or (g).
378	378	369 (i) Subject to subsection (j), the court shall adjudicate a plaintiff with standing in a
379	379	370proceeding commenced under this section to be a legal parent of the subject child if the plaintiff
380	380	371demonstrates by clear and convincing evidence that: (i) the plaintiff resided with the child as a
381	381	372regular member of the child’s household for not less than 3 years or 40 per cent of the child’s
382	382	373life, whichever is shorter, except in extraordinary circumstances for good cause shown as the
383	383	374court may determine at the court's discretion; (ii) the plaintiff engaged in consistent caregiving of
384	384	375the child, including, but not limited to, shaping the child’s daily routine, addressing the child’s
385	385	376developmental needs and providing for the child’s education and medical care, individually or
386	386	377cooperatively with another parent; (iii) the plaintiff undertook full and permanent responsibilities
387	387	378of a parent of the child without expectation or payment of financial compensation; (iv) the
388	388	379plaintiff held out the child as the plaintiff’s child; (v) the plaintiff established a bonded and
389	389	380dependent relationship with the child that is parental in nature; (vi) each parent of the child
390	390	381consented to the bonded and dependent relationship required under clause (v); provided,
391	391	382however, that for the purposes of this section, consent may include that each parent, over a
392	392	383period of not less than 6 months: (a) held out the plaintiff as a parent of the child; and (b)
393	393	384engaged in shared decision making with the plaintiff regarding significant issues of the child’s
394	394	385education, health and welfare; provided further, that the court may determine that a parent has
395	395	386impliedly consented where that parent has not, without good cause, meaningfully engaged with 20 of 42
396	396	387the subject child through direct contact, participation in decision making or regular financial
397	397	388support for a period of 2 years; provided further, that good cause may include evidence that the
398	398	389parent attempted to meaningfully engage with the subject child by regularly requesting contact or
399	399	390participation in decision making but was prevented from doing so by another person; and
400	400	391provided further, that a notarized document affirming consent executed by a parent shall be
401	401	392evidence of that parent’s consent; and (vii) adjudicating the plaintiff to be the child’s parent is in
402	402	393the best interest of the child. In making this determination, the court shall consider evidence of
403	403	394past or present abuse by the plaintiff toward a parent or the child as a factor contrary to the best
404	404	395interest of the child; provided, however, that a finding by a preponderance of the evidence that
405	405	396the plaintiff engaged in duress, coercion or threat of harm in order to establish any of the
406	406	397elements of clauses (i) to (vi), inclusive, shall be considered evidence of abuse; provided further,
407	407	398that a finding by a preponderance of the evidence that a pattern or serious incident of abuse as
408	408	399defined in section 10 by the plaintiff against a parent or child has occurred shall create a
409	409	400rebuttable presumption that it is not in the best interest of the child that the plaintiff be
410	410	401adjudicated a parent; and provided further, that where there is credible evidence of abuse and the
411	411	402court adjudicates the plaintiff to be a parent of the subject child, the court shall make detailed
412	412	403written findings on the presence and nature of the abuse, its effect on the child and its impact on
413	413	404the plaintiff’s parenting ability.
414	414	405 (j) Subject to other limitations in this section, if in a proceeding to adjudicate the plaintiff
415	415	406as a de facto parent, there is more than 1 defendant parent and the court determines that the
416	416	407requirements of subsection (i) are satisfied, the court shall adjudicate parentage under subsection
417	417	408(c) of section 26. 21 of 42
418	418	409 (k) The adjudication of a plaintiff as a de facto parent under this section shall not affect
419	419	410the legal parentage of any other parent to the child and shall not be considered evidence of
420	420	411parental unfitness of a defendant parent to the child.
421	421	412 (l) Custody, parenting time, visitation and child support shall be determined in
422	422	413accordance with applicable laws, rules, regulations, orders and guidelines.
423	423	414 (m) Nothing in this section shall be interpreted to preclude an action in equity pursuant to
424	424	415section 6 of chapter 215 to establish a third-party right to visitation.
425	425	416 Section 26. (a) In a proceeding to adjudicate competing claims of, or challenges to,
426	426	417parentage of a child by 2 or more persons, the court shall adjudicate parentage in the best interest
427	427	418of the child, based on: (i) the age of the child; (ii) the length of time during which each person
428	428	419assumed the role of parent of the child; (iii) the nature of the relationship between the child and
429	429	420each person; (iv) the harm to the child if the relationship between the child and each person is not
430	430	421recognized; (v) the basis for each person’s claim to parentage of the child; and (vi) other
431	431	422equitable factors arising from the disruption of the relationship between the child and each
432	432	423person or the likelihood of other harm to the child.
433	433	424 (b) If a person challenges parentage based on the results of genetic testing, in addition to
434	434	425the factors listed in subsection (a), the court shall consider: (i) the facts surrounding the
435	435	426discovery that the person might not be a genetic parent of the child; and (ii) the length of time
436	436	427between the time that the person was placed on notice that the person might not be a genetic
437	437	428parent and the commencement of the proceeding. 22 of 42
438	438	429 (c) The court may adjudicate a child to have more than 2 parents if the court finds that it
439	439	430is in the best interest of the child. A finding of best interest of the child under this section does
440	440	431not require a finding of unfitness of any parent or person seeking an adjudication of parentage.
441	441	432 (d) Custody, parenting time, visitation and child support shall be determined in
442	442	433accordance with applicable laws, rules, regulations, orders and guidelines.
443	443	434 Section 27. (a) This section shall apply to nonmarital and marital children. This section
444	444	435shall not apply to the parentage of a child conceived by sexual intercourse or assisted
445	445	436reproduction under a surrogacy agreement under sections 28 to 28P, inclusive.
446	446	437 (b) Venue for a proceeding to adjudicate parentage under this section shall be in the
447	447	438county in which: (i) the child resides or was born or is reasonably expected to be born; (ii) any
448	448	439parent or intended parent of the child resides; or (iii) a proceeding has been commenced for
449	449	440administration of the estate of a person who is or may be a parent under this chapter.
450	450	441 (c) A donor shall not be a parent of a child conceived through assisted reproduction based
451	451	442on the donor’s genetic connection to such child. A donor shall not be entitled to establish the
452	452	443donor's parentage by signing an acknowledgment pursuant to this chapter. A donor shall not be
453	453	444entitled to notice in a proceeding under this chapter.
454	454	445 (d) A person who consents to assisted reproduction with the intent to be a parent of the
455	455	446child conceived by said assisted reproduction shall be a parent of the child. Consent to assisted
456	456	447reproduction may be established by: (i) a record signed by the person giving birth to a child
457	457	448conceived by assisted reproduction and by an intended parent before, on or after the birth of the
458	458	449child; or (ii) a finding by the court, by a preponderance of the evidence, that: (A) prior to
459	459	450conception or birth of the child, the parties agreed that they would be parents of the child; or (B) 23 of 42
460	460	451the person who seeks to be a parent of the child, together with the person giving birth,
461	461	452voluntarily participated in and consented to the assisted reproduction that resulted in the
462	462	453conception of the child.
463	463	454 (e)(1) Except as provided in paragraph (2), a person who, at the time of a child’s birth, is
464	464	455the spouse of the person who gave birth to the child by assisted reproduction may not challenge
465	465	456their own parentage of the child unless, not later than 2 years after the birth of the child, they
466	466	457commence a proceeding to adjudicate their own parentage of the child and the court finds that
467	467	458they did not consent to the assisted reproduction before, on, or after the birth of the child or
468	468	459withdrew consent pursuant to subsection (g).
469	469	460 (2) A proceeding to adjudicate a spouse’s parentage of a child born by assisted
470	470	461reproduction may be commenced at any time if the court determines that the spouse who is
471	471	462challenging the parentage: (i) neither provided a gamete for, nor consented to, the assisted
472	472	463reproduction; (ii) has not cohabitated with the person who gave birth to the child since the
473	473	464probable time of assisted reproduction; or and (iii) never openly held out the child as their child.
474	474	465This subsection shall apply to a spouse’s challenge of parentage even if the spouse’s marriage is
475	475	466declared invalid after assisted reproduction occurs.
476	476	467 (f) A person who consents to assisted reproduction pursuant to subsection (d) may
477	477	468withdraw consent any time before a transfer or implantation of gametes or embryos that results
478	478	469in a pregnancy by giving notice in writing of their withdrawal of consent to the person who
479	479	470agreed to give birth to a child conceived by assisted reproduction and to any clinic or healthcare
480	480	471provider facilitating the assisted reproduction; provided, however, that failure to give notice to a
481	481	472clinic or healthcare provider shall not affect a determination of parentage pursuant to this section. 24 of 42
482	482	473A person who withdraws consent in compliance with this subsection shall not be a parent of the
483	483	474child under this section.
484	484	475 (g)(1) If a person who intends to be a parent of a child conceived by assisted reproduction
485	485	476dies during the period between the transfer or implantation of a gamete or embryo and the birth
486	486	477of the child, said person’s death shall not preclude the establishment of their parentage of the
487	487	478child if said person would be a parent of the child under this section but for the death.
488	488	479 (2) If a person who consented in writing to assisted reproduction by a person who agreed
489	489	480to give birth to a child dies before a transfer or implantation of gametes or embryos, the deceased
490	490	481person shall be a parent of a child conceived by the assisted reproduction if: (i) (A) the person
491	491	482consented in writing that if assisted reproduction were to occur after their death, they would be a
492	492	483parent of the child; or (B) the person’s intent to be a parent of a child conceived by assisted
493	493	484reproduction after their death is established by a preponderance of the evidence; and (ii) (A) the
494	494	485embryo is in utero not later than 36 months after the person’s death; or (B) the child is born not
495	495	486later than 45 months after the person’s death.
496	496	487 (h) If, due to a clinical or laboratory error, a child conceived by assisted reproduction is
497	497	488not genetically related to any intended parent or any donor who donated to the intended parent or
498	498	489parents, the intended parent or parents shall be the parent or parents of the child unless otherwise
499	499	490determined by the court.
500	500	491 (i) Genetic testing, including genetic marker testing pursuant to section 11, shall not be
501	501	492used to: (i) challenge the parentage of a person who is a parent pursuant to this section; or (ii)
502	502	493establish the parentage of a person who is a donor. 25 of 42
503	503	494 (j) (1)A person giving birth or a person who is or claims to be a parent pursuant to this
504	504	495section may commence a proceeding prior to or after the birth of a child by assisted reproduction
505	505	496to obtain a judgment: (i) declaring that the intended parent or parents are the parent or parents of
506	506	497the resulting child immediately upon the birth of the child and ordering that parental rights and
507	507	498responsibilities vest exclusively in the intended parent or parents immediately upon birth of the
508	508	499child; and (ii) designating the contents of the birth certificate and directing the department of
509	509	500public health to designate the intended parent or parents as the parent or parents of the resulting
510	510	501child.
511	511	502 (2) A judgment issued by a court pursuant to this subsection before the birth of the
512	512	503resulting child by assisted reproduction shall not take effect until the birth of the resulting child.
513	513	504Nothing in this subsection shall be construed to limit said court’s authority to issue orders under
514	514	505any other provision of the General Laws.
515	515	506 (3) The commonwealth, the department of public health and the hospital where the child
516	516	507is or is expected to be born shall not be necessary parties to a proceeding under this section.
517	517	508 (4) The burden of proof in proceedings pursuant to this section shall be by a
518	518	509preponderance of the evidence.
519	519	510 (k) At the request of a party to a proceeding pursuant to this section, the court shall close
520	520	511the proceeding to the general public.
521	521	512 (l) The court shall issue a final judgment adjudicating whether a person alleged or
522	522	513claiming to be a parent is the parent of a child in a proceeding pursuant to this section. At the
523	523	514request of a party, and subject to other applicable laws, the court in a proceeding pursuant to this
524	524	515section may order the legal name of the child to be changed. If the final judgment of the court is 26 of 42
525	525	516at variance with the child’s birth certificate, the court shall order the department of public health
526	526	517to issue an amended birth certificate that conforms with the final judgment.
527	527	518 (m) Custody, parenting time, visitation and child support for a nonmarital child shall be
528	528	519determined in accordance with applicable laws, rules, regulations, orders and guidelines.
529	529	520 (n) A spouse who has commenced an action for divorce, or a spouse who has been served
530	530	521with a complaint for divorce, may begin assisted reproduction pursuant to this section; provided,
531	531	522however, that the spouse that does not begin assisted reproduction pursuant to this section shall
532	532	523not be a parent of any child born as a result of the assisted reproduction unless both parties
533	533	524consent in writing to be parents of the child after commencement of the divorce action. A spouse
534	534	525who proceeds with assisted reproduction pursuant to this section shall not utilize gametes of their
535	535	526spouse unless their spouse consents in writing to the use of their gametes for assisted
536	536	527reproduction by the spouse after commencement of a divorce action.
537	537	528 Section 28. (a) Sections 28 to 28P, inclusive, shall apply to nonmarital and marital
538	538	529children. This section shall not apply to the birth of a child conceived by sexual intercourse or
539	539	530assisted reproduction under section 27.
540	540	531 (b) Venue for proceedings under sections 28 to 28P, inclusive, shall be in the county in
541	541	532which: (i) the child resides, is born or pursuant to a surrogacy agreement is expected to be born;
542	542	533(ii) a parent or intended parent of the child resides; (iii) a person acting as a surrogate resides; or
543	543	534(iv) a proceeding has been commenced for administration of the estate of a person who is or may
544	544	535be a parent under this chapter.
545	545	536 Section 28A. (a) To execute a surrogacy agreement to act as a surrogate, a person shall:
546	546	537(i) be not less than 21 years of age; (ii) have previously given birth to at least 1 child; (iii) 27 of 42
547	547	538complete a medical evaluation by a licensed physician related to surrogacy; and (iv) complete a
548	548	539mental health consultation by a licensed mental health professional that is independent of the
549	549	540health care providers or facility undertaking any assisted reproduction procedure contemplated
550	550	541by the surrogacy agreement.
551	551	542 (b) To execute a surrogacy agreement as an intended parent, whether or not genetically
552	552	543related to the child, a person shall: (i) be not less than 21 years of age; and (ii) complete a mental
553	553	544health consultation by a licensed mental health professional that is independent of the health care
554	554	545providers or facility undertaking any assisted reproduction procedure contemplated by the
555	555	546surrogacy agreement.
556	556	547 Section 28B. A surrogacy agreement shall be enforceable if:
557	557	548 (i) the prospective surrogate, their spouse, if any, and each intended parent are parties to
558	558	549the agreement;
559	559	550 (ii) the prospective surrogate and each intended parent meet the eligibility requirements
560	560	551of section 28A;
561	561	552 (iii) at least 1 party is a resident of the commonwealth or, if no party is a resident of the
562	562	553commonwealth, at least 1 medical evaluation, medical procedure or mental health consultation
563	563	554under the agreement occurs in the commonwealth;
564	564	555 (iv) the agreement is in writing and signed by all parties;
565	565	556 (v) the agreement is executed prior to a medical procedure attempting to cause a
566	566	557pregnancy in the prospective surrogate, other than the medical evaluation and mental health 28 of 42
567	567	558consultation required by section 28A, and, in every instance, before transfer of embryos or
568	568	559gametes;
569	569	560 (vi) the signature of each party to the agreement is attested by a notary;
570	570	561 (vii) each party to the agreement signs a written acknowledgment of having received a
571	571	562copy of the agreement;
572	572	563 (viii) the prospective surrogate, the surrogate’s spouse, if any, and each intended parent
573	573	564have independent legal representation regarding the terms and potential legal consequences of
574	574	565the surrogacy agreement, paid for by the intended parent or parents, and each legal representative
575	575	566shall be identified in the surrogacy agreement; provided, however, that a single attorney for the
576	576	567prospective surrogate and their spouse and a single attorney for the intended parents shall be
577	577	568sufficient to meet this requirement; and
578	578	569 (ix) records related to the medical evaluation and mental health consultations conducted
579	579	570pursuant to section 28A shall be made available to the surrogate, the surrogate’s spouse, if any,
580	580	571and each intended parent; provided, however, that all such records shall remain otherwise
581	581	572confidential absent a court order.
582	582	573 Section 28C. (a) For a surrogacy agreement to be enforceable, the agreement shall
583	583	574provide that:
584	584	575 (i) the surrogate: (A) shall undergo assisted reproduction and attempt to carry and give
585	585	576birth to any resulting child; (B) except as otherwise provided in sections 28I, 28M and 28N, shall
586	586	577have no claim to parentage of any resulting child; and (C) acknowledges the exclusive parentage
587	587	578of the intended parent or parents of all resulting children; 29 of 42
588	588	579 (ii) if the surrogate is married, their spouse: (A) acknowledges and agrees to abide by all
589	589	580obligations imposed on the surrogate by the terms of the surrogacy agreement; (B) except as
590	590	581otherwise provided in sections 28I, 28M and 28N, shall have no claim to parentage of any
591	591	582resulting child; and (C) acknowledges the exclusive parentage of the intended parent or parents
592	592	583of all resulting children; and
593	593	584 (iii) the intended parent or, if there are more than 1 intended parents, each parent jointly
594	594	585and severally: (A) except as otherwise provided in sections 28G, 28J, 28M and 28N, agree to be
595	595	586the exclusive parent or parents and accept parental rights and responsibilities of all resulting
596	596	587children regardless of the number of children born or the gender or condition of each child; and
597	597	588(B) except as otherwise provided in sections 28G, 28J, 28M and 28N, agree to assume
598	598	589responsibility for the financial support of all resulting children immediately upon the birth of the
599	599	590children regardless of the number of children born or the gender or condition of each child.
600	600	591 (b) The intended parent or parents shall pay for all surrogacy-related expenses of the
601	601	592surrogate, including expenses for healthcare provided for assisted reproduction, prenatal care,
602	602	593labor and delivery and the medical expenses of all resulting children, that are not covered by
603	603	594insurance; provided, however, that this subsection shall not be construed to supplant any health
604	604	595insurance coverage that is otherwise available to the surrogate or an intended parent for the
605	605	596coverage of healthcare costs; provided further, that this subsection shall not change the health
606	606	597insurance coverage of the surrogate or the responsibility of the insurance company to pay
607	607	598benefits under a policy that covers a surrogate.
608	608	599 (c) The surrogacy agreement shall not infringe on the rights of the surrogate to make all
609	609	600health decisions regarding the surrogate, the surrogate’s body and the surrogate’s pregnancy 30 of 42
610	610	601throughout the duration of the surrogacy agreement, including during attempts to become
611	611	602pregnant, pregnancy, labor and delivery and post-partum. The surrogacy agreement shall not
612	612	603infringe upon the right of the surrogate to autonomy in medical decision making, including, but
613	613	604not limited to, whether to consent to a caesarean section and whether to undergo multiple embryo
614	614	605transfers. Except as otherwise provided by law, any written or oral agreement purporting to
615	615	606waive or limit these rights shall be void as against public policy.
616	616	607 (d) The surrogacy agreement shall include information about the right of each party to
617	617	608terminate the surrogacy agreement.
618	618	609 (e) Rights created under a surrogacy agreement shall not be assignable and there shall be
619	619	610no third-party beneficiary to a surrogacy agreement other than the resulting child of the
620	620	611surrogacy.
621	621	612 (f) A surrogacy agreement may provide for: (i) payment of consideration and reasonable
622	622	613expenses; and (ii) reimbursement of specific expenses if the agreement is terminated pursuant to
623	623	614this chapter.
624	624	615 Section 28D. Unless a surrogacy agreement expressly provides otherwise: (i) the validity
625	625	616of a surrogacy agreement shall not be affected by the marriage of the surrogate or of an intended
626	626	617parent after the surrogacy agreement has been signed by all parties and in such instances: (A) the
627	627	618surrogate’s spouse’s or intended parent’s spouse’s consent to the surrogacy agreement shall not
628	628	619be required; and (B) the surrogate’s spouse or intended parent’s spouse shall not be a presumed
629	629	620parent of a child conceived by assisted reproduction under the surrogacy agreement; or (ii) the
630	630	621divorce or marriage annulment of the surrogate or of an intended parent after the surrogacy
631	631	622agreement has been signed by all parties shall not affect the validity of the surrogacy agreement. 31 of 42
632	632	623 Section 28E. After the execution of a surrogacy agreement and before the date of
633	633	624termination of the surrogacy agreement pursuant its terms or 180 days after the birth of a child
634	634	625conceived by assisted reproduction under the surrogacy agreement, whichever occurs earlier, the
635	635	626court conducting a proceeding under sections 28 to 28P, inclusive, shall have exclusive,
636	636	627continuing jurisdiction over all matters arising out of the surrogacy agreement; provided,
637	637	628however, that the court shall not have jurisdiction over a child custody or child support
638	638	629proceeding if jurisdiction is not otherwise authorized.
639	639	630 Section 28F. (a) A party to a gestational surrogacy agreement may terminate the
640	640	631agreement at any time before an embryo transfer or implantation by giving written notice of
641	641	632termination to all other parties. If an embryo transfer or implantation does not result in
642	642	633pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer
643	643	634or implantation.
644	644	635 (b) Unless a gestational surrogacy agreement provides otherwise, upon termination of the
645	645	636agreement under subsection (a), the parties shall be released from the agreement; provided,
646	646	637however, that the intended parent or parents remain responsible for expenses that are
647	647	638reimbursable under the agreement and incurred by the gestational surrogate through the date of
648	648	639the termination of the agreement.
649	649	640 (c) Except in a case involving fraud, neither a gestational surrogate nor the surrogate’s
650	650	641spouse or former spouse, if any, shall be liable to the intended parent or parents for punitive or
651	651	642liquidated damages for terminating a gestational surrogacy agreement in compliance with this
652	652	643section. 32 of 42
653	653	644 Section 28G. (a) Except as otherwise provided in subsection (c), or sections 28H or 28J,
654	654	645upon the birth of a child conceived by assisted reproduction under a gestational surrogacy
655	655	646agreement, each intended parent shall be, by operation of law, a parent of the child. Parental
656	656	647rights shall vest exclusively in the intended parent or parents immediately upon birth of the
657	657	648resulting child.
658	658	649 (b) Except as otherwise provided in subsection (c) or section 28J, a person acting as
659	659	650gestational surrogate or such person’s spouse or former spouse, if any, shall not be, by operation
660	660	651of law, a parent of the child.
661	661	652 (c) If a child is alleged to be a genetic child of the gestational surrogate, the court shall,
662	662	653upon finding sufficient evidence, order genetic testing of the child. If the child is a genetic child
663	663	654of the gestational surrogate, parentage shall be determined in accordance with sections 1 to 27,
664	664	655inclusive.
665	665	656 (d) Except as otherwise provided in subsection (c),section 28H or section 28I, if, due to a
666	666	657clinical or laboratory error, a child conceived by assisted reproduction under a gestational
667	667	658surrogacy agreement is not genetically related to an intended parent or a donor who donated to
668	668	659the intended parent or parents, each intended parent shall be a parent of the child and the person
669	669	660acting as gestational surrogate and their spouse or former spouse, if any, shall not be a parent of
670	670	661the child.
671	671	662 (e) This section shall apply to an intended parent, including an intended parent who dies
672	672	663during the period between the transfer or implantation of a gamete or embryo and the birth of the
673	673	664child. 33 of 42
674	674	665 Section 28H. Except as otherwise provided in section 28J, an intended parent shall not be
675	675	666a parent of a child conceived by assisted reproduction under a gestational surrogacy agreement if
676	676	667the intended parent dies before the transfer or implantation of a gamete or embryo unless: (i) the
677	677	668surrogacy agreement provides otherwise; and (ii) the transfer of a gamete or embryo occurs not
678	678	669later than 36 months after the death of the intended parent or birth of the child occurs not later
679	679	670than 45 months after the death of the intended parent.
680	680	671 Section 28I. (a) Except as otherwise provided in subsection (c) of section 28G or section
681	681	67228J, before, on or after the birth of a child conceived by assisted reproduction under a gestational
682	682	673surrogacy agreement, any party to the agreement may commence a proceeding for a judgment of
683	683	674parentage:
684	684	675 (i) declaring that each intended parent is a parent of the child and ordering that parental
685	685	676rights and duties vest immediately upon the birth of the child exclusively in each intended
686	686	677parent;
687	687	678 (ii) declaring that the gestational surrogate and the surrogate’s spouse or former spouse, if
688	688	679any, are not the parents of the child;
689	689	680 (iii) designating the content of the birth record in accordance with chapter 46 and
690	690	681directing the department of public health to designate each intended parent as a parent of the
691	691	682child;
692	692	683 (iv) to protect the privacy of the child and the parties, declaring that the court record and
693	693	684related pleadings be impounded in accordance with this section;
694	694	685 (v) if necessary, ordering that the child be surrendered to the intended parent or parents; 34 of 42
695	695	686 (vi) if necessary, ordering that the hospital where the child will be or has been born, treat
696	696	687the intended parent or parents as the sole legal parent or parents for the purpose of naming and
697	697	688medical decisions; and
698	698	689 (vii) for other relief the court determines necessary and proper.
699	699	690 (b) The court may issue an order or judgment under subsection (a) before or after the
700	700	691birth of the child, as requested by the parties.
701	701	692 (c) The commonwealth, the department of public health, the town or city clerk and the
702	702	693hospital where the child is born or is intended to be born shall not be necessary parties to a
703	703	694proceeding under subsection (a). Any party to the surrogacy agreement not joining in the action
704	704	695shall be provided with notice of the proceeding.
705	705	696 (d) A complaint filed pursuant to this section shall include: (i) a copy of the executed
706	706	697surrogacy agreement; (ii) a sworn affidavit of the assisted reproductive physician confirming that
707	707	698the child was conceived pursuant to assisted reproduction; and (iii) certifications from the
708	708	699attorneys representing the intended parent or parents and the gestational surrogate that the
709	709	700requirements of sections 28A, 28B and 28C have been met. A complaint supported by such
710	710	701affidavit and certifications shall be sufficient to establish parentage and a hearing shall not be
711	711	702required unless the court requires additional information which cannot reasonably be ascertained
712	712	703without a hearing.
713	713	704 (e) Upon a finding by a preponderance of the evidence that the complaint satisfies
714	714	705subsection (d), a court shall expeditiously, but not later than 60 days from the docketing of the
715	715	706complaint, issue a judgment of parentage. Parentage judgments issued under this section shall
716	716	707conclusively establish or affirm, where applicable, the parent-child relationship for all purposes. 35 of 42
717	717	708Custody, parenting time, visitation and child support for a nonmarital child shall be determined
718	718	709in accordance with applicable laws, rules, regulations, orders and guidelines.
719	719	710 (f) In the event the certification required by subsection (d) cannot be made because of a
720	720	711technical or nonmaterial deviation from the requirements of sections 28A, 28B and 28C, the
721	721	712court with competent jurisdiction may enforce the agreement and issue a judgment of parentage
722	722	713if the court determines the agreement is in substantial compliance with the requirements of said
723	723	714sections.
724	724	715 (g) At the request of a party, the court of competent jurisdiction shall close a proceeding
725	725	716under this section to the general public. All complaints, pleadings, papers or documents filed
726	726	717pursuant to this section, and docket entries, shall not be available for inspection unless the court
727	727	718where such records are kept, for good cause shown, otherwise orders or unless requested by the
728	728	719child or the parties. All such complaints, pleadings, papers or documents shall be segregated.
729	729	720 Section 28J. (a) A gestational surrogacy agreement that substantially complies with
730	730	721sections 28A, 28B and 28C shall be enforceable.
731	731	722 (b) If a child was conceived by assisted reproduction under a gestational surrogacy
732	732	723agreement that does not substantially comply with sections 28A, 28B and 28C, the court shall
733	733	724determine the rights and duties of the parties to the agreement consistent with the intent of the
734	734	725parties at the time of execution of the agreement. Each party to the agreement and any person
735	735	726who at the time of the execution of the agreement was a spouse of a party to the agreement shall
736	736	727have standing to commence a proceeding to adjudicate an issue related to the enforcement of the
737	737	728agreement. 36 of 42
738	738	729 (c) Except as expressly provided in a gestational surrogacy agreement or subsection (d)
739	739	730or (e), if the agreement is breached by the gestational surrogate or 1 or more intended parents,
740	740	731the non-breaching party shall be entitled to the remedies available at law or in equity.
741	741	732 (d) Specific performance shall not be an available remedy for breach by a gestational
742	742	733surrogate of a provision in an agreement that the gestational surrogate become pregnant,
743	743	734terminate or not terminate a pregnancy or submit to medical procedures.
744	744	735 (e) Except as otherwise provided in subsection (d), if an intended parent is determined to
745	745	736be a parent of the child pursuant to this chapter, specific performance shall be a remedy available
746	746	737for: (i) breach of the agreement by a gestational surrogate which prevents the intended parent
747	747	738from exercising, immediately on birth of the child, the full rights of parentage; or (ii) breach by
748	748	739the intended parent which prevents the intended parent’s acceptance, immediately on birth of the
749	749	740child conceived by assisted reproduction under the agreement, of the duties of parentage.
750	750	741 Section 28K. (a) Except as otherwise provided in section 28N, a genetic surrogacy
751	751	742agreement shall be validated by a probate and family court. A proceeding to validate the
752	752	743agreement shall be commenced before assisted reproduction related to the surrogacy agreement.
753	753	744A complaint filed pursuant to this section shall include: (i) a copy of the executed surrogacy
754	754	745agreement; and (ii) certifications from the legal representatives of the intended parent or parents
755	755	746and the genetic surrogate that the requirements of sections 28A, 28B and 28C have been met.
756	756	747 (b) The court shall issue an order validating a genetic surrogacy agreement, within 60
757	757	748days of the commencement of such a proceeding, if the court finds by a preponderance of the
758	758	749evidence that: (i) sections 28A, 28B and 28C are satisfied; and (ii) all parties entered into the
759	759	750agreement voluntarily and understand its terms. 37 of 42
760	760	751 (c) A person who terminates a genetic surrogacy agreement under section 28L shall file
761	761	752notice of the termination with the court and parties. On receipt of the notice, the court shall
762	762	753vacate any order issued under subsection (b).
763	763	754 Section 28L. (a) An intended parent or genetic surrogate who is a party to the surrogacy
764	764	755agreement may terminate the agreement at any time before a gamete or embryo transfer or
765	765	756implantation by giving notice of termination in writing to all other parties. If a gamete or embryo
766	766	757transfer or implantation does not result in a pregnancy, a party may terminate the agreement at
767	767	758any time before a subsequent gamete or embryo transfer or implantation. The party’s signature
768	768	759on a notice of termination shall be attested by a notary.
769	769	760 (b) An intended parent or genetic surrogate who terminates the agreement after the court
770	770	761issues an order validating the agreement under sections 28K or 28N, but before the genetic
771	771	762surrogate becomes pregnant by means of assisted reproduction, shall file notice of the
772	772	763termination with the court.
773	773	764 (c) A person shall not terminate a validated genetic surrogacy agreement if a gamete or
774	774	765embryo transfer or implantation has resulted in a pregnancy.
775	775	766 (d) Upon the proper termination or completion of a genetic surrogacy agreement, the
776	776	767parties shall be released from all obligations under the agreement except that any intended parent
777	777	768or parents shall remain responsible for all expenses incurred by the genetic surrogate through the
778	778	769date of the completion which are reimbursable under the agreement. Unless the agreement
779	779	770provides otherwise, the genetic surrogate is not entitled to any non-expense related compensation
780	780	771paid for acting as a surrogate. 38 of 42
781	781	772 (e) Except in a case involving fraud, neither a genetic surrogate nor their spouse or
782	782	773former spouse, if any, shall be liable to the intended parent or parents for punitive or liquidated
783	783	774damages, for terminating a genetic surrogacy agreement in compliance with this section.
784	784	775 Section 28M. (a) Upon the birth of a child conceived by assisted reproduction under a
785	785	776genetic surrogacy agreement validated pursuant to section 28K or 28N, each intended parent
786	786	777shall be a parent of the resulting child.
787	787	778 (b) Upon the birth of a child conceived by assisted reproduction under a genetic
788	788	779surrogacy agreement validated under section 28K or 28N, the intended parent or parents shall
789	789	780file a notice with the court that validated said agreement that a child has been born as a result of
790	790	781assisted reproduction under that agreement. Upon receiving such notice, the court shall
791	791	782immediately, or as soon as practicable, issue an order without notice and hearing:
792	792	783 (i) declaring that any intended parent or parents is a parent of a child conceived by
793	793	784assisted reproduction under the agreement and ordering that parental rights and duties vest
794	794	785exclusively in any intended parent;
795	795	786 (ii) declaring that the genetic surrogate and their spouse or former spouse, if any, are not
796	796	787parents of the child;
797	797	788 (iii) designating the contents of the birth certificate in accordance with chapter 46 and
798	798	789directing the department of public health to designate any intended parent as a parent of the
799	799	790child;
800	800	791 (iv) to protect the privacy of the child and the parties, declaring that the court record and
801	801	792related pleadings be impounded in accordance with section 28I; 39 of 42
802	802	793 (v) if necessary, ordering that the child be surrendered to the intended parent or parents;
803	803	794and
804	804	795 (vi) for other relief the court determines necessary and proper.
805	805	796 (c) Except as otherwise provided in subsection (d) or section 28O, if, due to a clinical or
806	806	797laboratory error, a child conceived by assisted reproduction under a genetic surrogacy agreement
807	807	798is not genetically related to an intended parent or a donor who donated to the intended parent or
808	808	799parents, each intended parent and not the genetic surrogate and their spouse or former spouse, if
809	809	800any, shall be a parent of the child.
810	810	801 (d) If a child born to a genetic surrogate is alleged not to have been conceived by assisted
811	811	802reproduction, the court may, upon finding sufficient evidence, order genetic testing to determine
812	812	803the genetic parentage of the child. If the child was not conceived by assisted reproduction and the
813	813	804second source of genetic material is the spouse of the genetic surrogate, then the surrogate and
814	814	805the spouse shall be found to be the parents of the child. If the second genetic source is a person
815	815	806other than the spouse of the surrogate, then parentage shall be determined as provided in sections
816	816	8071 to 27, inclusive; provided, however, that if the second genetic source is an intended parent, the
817	817	808court, in its sole discretion, shall determine parentage under sections 1 to 27, inclusive. Unless
818	818	809the genetic surrogacy agreement provides otherwise, the genetic surrogate shall not be entitled to
819	819	810any non-expense related compensation paid for acting as a surrogate if the child was not
820	820	811conceived by assisted reproduction.
821	821	812 (e) If an intended parent fails to file the notice required under subsection (b), the person
822	822	813acting as genetic surrogate may file with the court, not later than 60 days after the birth of a child
823	823	814conceived by assisted reproduction under the genetic surrogacy agreement, notice that the child 40 of 42
824	824	815has been born to the genetic surrogate. On proof of a court order issued under sections 28K or
825	825	81628N validating the agreement, the court shall order that each intended parent is a parent of the
826	826	817child.
827	827	818 Section 28N. (a) A genetic surrogacy agreement, whether or not in writing, that is not
828	828	819validated under section 28K shall be enforceable only to the extent provided in this section and
829	829	820section 28P.
830	830	821 (b) If all parties agree, a court may validate a genetic surrogacy agreement after assisted
831	831	822reproduction has occurred and before the birth of a child conceived by assisted reproduction
832	832	823under the agreement if the court finds by a preponderance of the evidence that: (i) sections 28A,
833	833	82428B or 28C are satisfied; and (ii) all parties entered into the agreement voluntarily and
834	834	825understand its terms.
835	835	826 (c) If a child conceived by assisted reproduction under a genetic surrogacy agreement that
836	836	827is not validated under section 28K or subsection (b) is born, the genetic surrogate shall not
837	837	828automatically be a parent and the court shall adjudicate parentage of the child based on the best
838	838	829interest of the child, taking into account the factors in subsection (a) of section 26 and the intent
839	839	830of the parties at the time of the execution of the agreement.
840	840	831 (d) The parties to a genetic surrogacy agreement shall have standing to commence a
841	841	832proceeding to adjudicate parentage under this section.
842	842	833 Section 28O. (a) Except as otherwise provided in sections 28M or 28N, upon the birth of
843	843	834a child conceived by assisted reproduction under a genetic surrogacy agreement, each intended
844	844	835parent shall be, by operation of law, a parent of the child, notwithstanding the death of an 41 of 42
845	845	836intended parent during the period between the transfer of a gamete or embryo and the birth of the
846	846	837child.
847	847	838 (b) Except as otherwise provided in sections 28M or 28N, an intended parent shall not be
848	848	839a parent of a child conceived by assisted reproduction under a genetic surrogacy agreement if the
849	849	840intended parent dies before the transfer of a gamete or embryo unless: (i) the agreement provides
850	850	841otherwise; and (ii) the transfer of the gamete or embryo occurs not later than 36 months after the
851	851	842death of the intended parent, or birth of the child occurs not later than 45 months after the death
852	852	843of the intended parent.
853	853	844 Section 28P. (a) Subject to subsection (d) of section 28L, if a genetic surrogacy
854	854	845agreement is breached by a genetic surrogate or 1 or more intended parents, the non-breaching
855	855	846party is entitled to the remedies available at law or in equity.
856	856	847 (b) Specific performance shall not be an available remedy for breach by a genetic
857	857	848surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the
858	858	849genetic surrogate become pregnant, terminate or not terminate a pregnancy or submit to medical
859	859	850procedures.
860	860	851 (c) Except as otherwise provided in subsection (b), specific performance shall be a
861	861	852remedy available for: (i) breach of a validated genetic surrogacy agreement by a genetic
862	862	853surrogate of a requirement which prevents an intended parent from exercising, immediately upon
863	863	854birth of the child, the full rights of parentage; or (ii) breach by an intended parent which prevents
864	864	855the intended parent’s acceptance, immediately upon birth of the child, of the duties of parentage.
865	865	856 SECTION 66. The trial court of the commonwealth, in accordance with section 24 of
866	866	857chapter 209C of the General Laws, shall update existing forms and promulgate new forms as 42 of 42
867	867	858necessary for use under said chapter 209C, which shall be in such form and language to permit a
868	868	859person to prepare and file such forms pro se.
869	869	860 SECTION 67. This act shall take effect on January 1, 2025.