Massachusetts Legislature Passes Parentage Act

Bill updates parentage laws to reflect modern-day families

AUGUST 14, 2024

Recently, Representative Bill Driscoll Jr. (D-Milton) joined his colleagues in the Massachusetts Legislature in passing 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.

“Ensuring that the Commonwealth’s laws reflect an evolving society, along with the implications of modern technology, is a key responsibility that we have as elected officials. By bolstering protections for children born through assisted reproduction, surrogacy, and to same-sex parents, we are doing just that,” said House Speaker Ronald J. Mariano (D-Quincy). “I want to thank Chairman Day, members of the conference committee, and our partners in the Senate for their continued commitment to ensuring that modern-day families are protected here in Massachusetts.”

“Today we are modernizing laws to match modern families across the Commonwealth,” said Senate President Karen E. Spilka (D-Ashland). “No matter what path you took to parenthood, today the Legislature has acted to make sure that in Massachusetts archaic beliefs and laws no longer stand in your way as a parent. I offer my sincere gratitude to Senator Cyr for his leadership of the committee, each conferee, and our partners in the House.”

“Passing this legislation leaves me optimistic about the future, despite much divisiveness that continues to exist in our society.” said Driscoll. “We’ve come a long way in these past two decades following the legalization of same-sex marriage in 2004, when similar conversations pertaining to parentage would have been surrounded by horrible homophobic rhetoric. I was proud to join such a supportive environment, listening to the several personal stories from my bipartisan colleagues prior to taking a final vote. The adoption of this legislation gives me hope that we can work collaboratively on difficult or controversial issues. Although it takes time, this action shows that the growth needed to create a safer and more inclusive future may be difficult, but is possible.”

“Today we acted to ensure that if you are a parent, whether a biological parent or not, the law will recognize you as a parent just as society does," said Representative Michael S. Day (D-Stoneham), House Chair of the Joint Committee on the Judiciary and House Chair of the conference committee. "This bill will remove one of the last vestiges of the law that treats same sex parents and parents who engaged in assisted reproduction differently from every other parent. It is a good day for all families in Massachusetts.”

“With unprecedented and alarming action in other states to strip away the rights of LGBTQ+ people and our families, Massachusetts’ outdated and heterocentric parentage laws put LGBTQ+ families at risk every day,” said Senator Julian Cyr (D-Truro), Assistant Senate Majority Whip and Senate Chair of the Conference Committee. “The Massachusetts Parentage Act is personal—LGBTQ+ families like mine face excessive and expensive hoops just to ensure our children have the security of legal parentage. The Legislature’s passage of this bill is a critical step to guarantee that all children can benefit from the stability of a legal parent-child relationship no matter how they came to be in this world. I am grateful for the true partnership and collaboration of Representatives Day, Hogan, and Kane, and Senators Brownsberger and Tarr in achieving this historic moment for families throughout the Commonwealth.” 

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 Massachusetts Parentage Act passed unanimously by both chambers on the 20th anniversary of marriage equality. With passage of these parentage protections, the Massachusetts House of Representatives is safeguarding the rights of all children, regardless of how they were born or conceived. I am proud that our state is consistently ranked among the best places to raise a family - and legislation like this is the reason why,” said Speaker Pro Tempore Kate Hogan (D-Stow), a member of the conference committee. “I am grateful to Speaker Ron Mariano for making Massachusetts a safe haven for all our families and to House Ways and Means Chair Aaron Michlewitz, Judiciary Chair Mike Day, Leader Sarah Peake, and Rep. Hannah Kane for stewarding this bipartisan bill through this session.”

“This is a big step forward for a whole lot of parents and children in the Commonwealth,” said Senate President Pro Tempore William N. Brownsberger (D-Belmont), a member of the conference committee. “It's a very well-developed piece of legislation and I'm thrilled that we could get it done together this year.”

“The Massachusetts Parentage Act is a critical piece of legislation for so many families in the Commonwealth, particularly LGBTQ+ families,” said Representative Hannah Kane (R-Shrewsbury), a member of the conference committee. “By updating the Commonwealth's parentage laws, we will provide clarity, security, and equality in the matters of parentage, reflecting the evolving realities and complexities of assisted reproduction, surrogacy and LGBTQ+ parenthood that has to date left many families vulnerable. Like so many people here in the Commonwealth, this legislation is personal for me. My husband Jim and I have been blessed with 3 beautiful children who are now young adults. Our parentage was easily established – the laws as they exist made it clear and easy to do so. Our beautiful, smart, sweet, tough Endicott College graduate and national collegiate rugby champion daughter Caitlin is lesbian, and if she chooses, I want her to experience the joy of being a parent someday with the same rights to establish her parentage, and to have the same legal protections, as my husband Jim and I had. I thank the Speaker, Chair Day, the House and Senate conferees, Leader Peake and all the advocates for their steadfast championing of this bill.”

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.

The bill passed both chambers, and was signed by the Governor on Thursday, August 8. 

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