Bill updates parentage laws to reflect modern-day families
BOSTON – State Representative Richard M. Haggerty (D-Woburn) joined his colleagues in both the House and Senate to pass “An Act to ensure legal parentage equality,” which extends the full rights of parentage to LGBTQ+ families and families created via assisted reproduction.
“This legislation is an important step in modernizing our laws to reflect the diversity of modern-day families,” said Representative Haggerty. “By updating our parentage laws, we’re ensuring that all families in the Commonwealth – no matter how they came to be – receive the recognition and protections they deserve, providing security and reassurance to countless parents and children across our state. This bill underscores our continued efforts to value equality and inclusion, and demonstrates that in Massachusetts, all families are truly treated equally.”
This legislation removes outdated legal barriers that have hindered fundamental parenting responsibilities for modern-day families, paving the way for parents to legally attend and make decisions during medical appointments, manage the child’s financial affairs, be involved in educational decisions, and authorize the child’s travel arrangements.
Despite leading the nation by legalizing same-sex marriage 20 years ago, LGBTQ+ residents continue to face significant barriers in obtaining full legal recognition as a parent.
In response, the legislature’s bill updates the Commonwealth’s laws so common paths to parentage may be utilized equally by all families, regardless of marital status. It also creates a new path to parentage for individuals who are ‘de facto’ parents and ensures that every child and parent has the same rights and protections without regard to the marital status, gender identity or sexual orientation of their parents, or the circumstances of their birth.
The legislation makes critical updates to laws related to assisted reproduction, including surrogacy and in-vitro fertilization (IVF). It outlines rights, requirements, procedures and safeguards for parents, donors, surrogates, and others involved in the process. Further, it establishes clear paths to parentage for individuals or couples utilizing assisted reproduction and surrogacy in order to provide legal recognition and status prior to the child’s birth.
For many families, non-biological parents are their child’s parent in every way except being legally recognized as such. The bill passed today legally recognizes the importance of relationships between children and parents in modern families and affords individuals who have been acting in a meaningful parental role for a significant amount of time the opportunity to seek full legal rights befitting their relationship.
It also provides notice, and an opportunity to be heard, to existing parents, and adds safeguards against abuse and protections for domestic violence survivors and military parents.
A compromise having passed the Legislature, the bill now goes to the Governor’s desk for her signature.
