Rep. Stanley, Massachusetts Legislature Pass Parentage Act
(BOSTON—8/12/2024) The Massachusetts Legislature today passed An Act to ensure legal parentage equality, extending the full rights of parentage to LGBTQ+ families and families created via assisted reproduction.
The bill dismantles archaic legal barriers to basic parenting responsibilities for modern families, opening the door to legally attend and make decisions during medical appointments, manage a child’s finances, participate in educational decisions, and provide authorizations for a child’s travel.
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.
“With passage of the Massachusetts Parentage Act, we are taking a monumental step forward in recognizing and protecting the diverse families of our Commonwealth,” said Representative Thomas M. Stanley (D-Waltham). “This legislation ensures that every child, regardless of how they came into this world, has the legal security and stability they deserve. By updating our parentage laws to reflect modern families, we are reaffirming our commitment to equality, inclusivity, and the well-being of all children in Massachusetts. I am proud to stand with my all my legislative colleagues in supporting this critical measure.”
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.
Governor Healey signed the An Act to ensure legal parentage equality (now Chapter 166 of the Acts of 2024) on August 8, 2024.