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HOUSE DOCKET, NO. 3726 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1674
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michelle M. DuBois and Carmine Lawrence Gentile
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act protecting survivors of rape and their children.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle M. DuBois10th Plymouth1/17/2025 1 of 6
HOUSE DOCKET, NO. 3726 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1674
By Representatives DuBois of Brockton and Gentile of Sudbury, a petition (accompanied by bill,
House, No. 1674) of Michelle M. DuBois relative to survivors of rape and children of rape
survivors. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1521 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act protecting survivors of rape and their children.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 3(a) of Chapter 209C, as appearing in the 2016 Official Edition, is
2hereby amended by striking out the third sentence and inserting in place thereof the following
3sentences:-
4 No court shall make an order providing visitation rights to a parent who was convicted of
5a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H, 22, 22A, 22B, 22C, 23A, 23B of chapter
6265 or sections 2, 3 of chapter 272, against whom a charge under such statutes has been
7continued without a finding, or who after a hearing is found by clear and convincing evidence to
8have committed a crime as defined in said chapters, and is seeking to obtain visitation with a
9child who was conceived during the commission of that rape. For purposes of this section the
10failure to seek or obtain a conviction of the above enumerated crimes shall not in and of itself 2 of 6
11constitute proof that such a crime did not occur. Provided, however, such visitation rights may
12be granted if and only if such visitation is found to be in the best interests of the child and the
13mother of the child affirmatively consents to such visitation action. Termination of these rights
14shall not prevent a court from ordering the perpetrator of the crime to pay child support nor shall
15it limit the right of the child to inherit through or from the perpetrator of the crime.
16 Further, no court shall make an order providing visitation rights to a parent who was
17convicted of a crime under Sections 13 A and 15D, against whom a charge under such statutes
18has been continued without a finding, or who after a hearing is found by clear and convincing
19evidence to have committed a crime as defined in said chapters, and is seeking to obtain
20visitation with a child where the victim of the crime was pregnant at the time of the crime or
21becomes pregnant as a result of the crime: or where the victim and the defendant have a child in
22common: or where a child is the victim or witness to the crime. For purposes of this section the
23failure to seek or obtain a conviction of the above enumerated crimes shall not in and of itself
24constitute proof that such a crime did not occur. Provided, however, such visitation rights may
25be granted if and only if such visitation is found to be in the best interests of the child and the
26mother of the child affirmatively consents to such visitation. Termination of these rights shall
27not prevent a court from ordering the perpetrator of the crime to pay child support nor shall it
28limit the right of the child to inherit through or from the perpetrator of the crime.
29 SECTION 2. Section 10 of Chapter 209C, as appearing in the 2016 Official Edition, is
30hereby amended by inserting at the end of the current statute the following section:-
31 (f) No court shall make an order providing custody rights to a parent who was convicted
32of a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H, 22, 22A, 22B, 22C, 23A, 23B of 3 of 6
33chapter 265 or sections 2, 3 of chapter 272, against whom a charge under such statutes has been
34continued without a finding, or who after a hearing is found by clear and convincing evidence to
35have committed a crime as defined in said chapters, and is seeking to obtain any form of custody
36of a child who was conceived during the commission of that rape. For purposes of this section
37the failure to seek or obtain a conviction of the above enumerated crimes shall not in and of itself
38constitute proof that such a crime did not occur. Provided, however, such custody rights may be
39granted if and only if such custody is found to be in the best interests of the child and the mother
40of the child affirmatively consents to such custody. Termination of these rights shall not prevent
41a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right
42of the child to inherit through or from the perpetrator of the rape.
43 Further, no court shall make an order providing custody rights to a parent who was
44convicted of a crime under Sections 13 A and 15D, against whom a charge under such statutes
45has been continued without a finding, or who after a hearing is found by clear and convincing
46evidence to have committed a crime as defined in said chapters, and is seeking to obtain
47visitation with a child where the victim of the crime was pregnant at the time of the crime or
48becomes pregnant as a result of the crime: or where the victim and the defendant have a child in
49common: or where a child is the victim or witness to the crime. For purposes of this section the
50failure to seek or obtain a conviction of the above enumerated crimes shall not in and of itself
51constitute proof that such a crime did not occur. Provided, however, such visitation or custody
52rights may be granted if and only if such custody is found to be in the best interests of the child
53and the mother of the child affirmatively consents to such visitation or custody action.
54Termination of these rights shall not prevent a court from ordering the perpetrator of the crime to 4 of 6
55pay child support nor shall it limit the right of the child to inherit through or from the perpetrator
56of the crime.
57 SECTION 3. Chapter 208, as appearing in the 2016 Official Edition, is hereby amended
58by inserting the following section:-
59 Section 31B. No court shall make an order providing custody or visitation rights to a
60parent who was convicted of a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H, 22, 22A,
6122B, 22C, 23A, 23B of chapter 265 or sections 2, 3 of chapter 272, against whom a charge under
62such statutes has been continued without a finding, or who after a hearing is found by clear and
63convincing evidence to have committed a crime as defined in said chapters, and is seeking to
64obtain custody or visitation rights with a child who was conceived during the commission of that
65rape. For purposes of this section the failure to seek or obtain a conviction of the above
66enumerated crimes shall not in and of itself constitute proof that such a crime did not occur.
67Provided, however, such custody or visitation rights may be granted if and only if such custody
68or visitation is found to be in the best interests of the child and the mother of the child
69affirmatively consents to such custody or visitation. Termination of these rights shall not prevent
70a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right
71of the child to inherit through or from the perpetrator of the crime.
72 Further, no court shall make an order providing custody or visitation rights to a parent
73who was convicted of a crime under Sections 13 A and 15D, against whom a charge under such
74statutes has been continued without a finding, or who after a hearing is found by clear and
75convincing evidence to have committed a crime as defined in said chapters, and is seeking to
76obtain custody or visitation right with a child where the victim of the crime was pregnant at the 5 of 6
77time of the crime or becomes pregnant as a result of the crime: or where the victim and the
78defendant have a child in common: or where a child is the victim or witness to the crime. For
79purposes of this section the failure to seek or obtain a conviction of the above enumerated crimes
80shall not in and of itself constitute proof that such a crime did not occur. Provided, however,
81such custody or rights may be granted if and only if such custody or visitation is found to be in
82the best interests of the child and the mother of the child affirmatively consents to such custody
83or visitation. Termination of these rights shall not prevent a court from ordering the perpetrator
84of the crime to pay child support nor shall it limit the right of the child to inherit through or from
85the perpetrator of the crime.
86 SECTION 4. Chapter 210, as appearing in the 2016 Official Edition, is hereby amended
87by striking in section 3 the subsection (d) and inserting in place thereof:-
88 (d) In consideration of a petition to dispense with parental rights to consent to an
89adoption if that person was convicted of a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H,
9022, 22A, 22B, 22C, 23A, 23B of chapter 265 or sections 2, 3 of chapter 272, against whom a
91charge under such statutes has been continued without a finding, or who after a hearing is found
92by clear and convincing evidence to have committed a crime as defined in said chapters, then
93there shall be a irrebuttable presumption that said parent is unfit and that it is in the best interests
94of the child to dispense with the need for consent to adoption by the parent who committed such
95offense or conduct. For purposes of this section the failure to seek or obtain a conviction of the
96above enumerated crimes shall not in and of itself constitute proof that such a crime did not
97occur. Provided, however, a termination petition may be denied if and only if there has been no
98conviction of the above enumerated crimes, such action is found to be contrary to the best
99interests of the child and the mother of the child opposes such termination. 6 of 6
100 (e) Nothing in this section shall be construed to prohibit the petitioner and a birth parent
101from entering into an agreement for post-termination contact or communication. The court
102issuing the termination decree under this section shall have jurisdiction to resolve matters
103concerning the agreement. Such agreement shall become null and void upon the entry of an
104adoption or guardianship decree.
105 Notwithstanding the existence of any agreement for post-termination or post-adoption
106contact or communication, the decree entered under this section shall be final.
107 Nothing in this section shall be construed to prohibit a birth parent who has entered into a
108post-termination agreement from entering into an agreement for post-adoption contact or
109communication pursuant to section 6C once an adoptive family has been identified.