Rep. Stanley, MA House Pass Massachusetts Parentage Act

BOSTON – Wednesday, June 12, 2024 – The Massachusetts House of Representatives today passed “An Act to ensure legal parentage equality,” which updates the Commonwealth’s parentage laws to reflect modern-day families, including those with children born to LGBTQ+ families, and through methods such as assisted reproduction and surrogacy.

"Twenty years ago, I proudly cast my vote for marriage equality, a landmark decision that affirmed the rights of LGBTQ+ individuals to marry, said Representative Thomas M. Stanley (D-Waltham). I am equally proud to support the Massachusetts Parentage Act, which ensures that all families, regardless of their makeup, have the legal protections they deserve. This legislation is a vital step in recognizing and supporting the diverse family structures in our Commonwealth, and it underscores our commitment to equality and justice for all."

Parental rights and responsibilities are broad and include, for example, the ability to attend and make decisions during medical appointments, manage a child’s finances, participate in educational decisions, and provide authorizations for a child’s travel. While Massachusetts legalized same-sex marriage 20 years ago, LGBTQ+ residents continue to face significant barriers in obtaining full legal recognition as a parent. The bill passed today 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 has the same rights and protections to parentage without regard to the marital status, gender identity or sexual orientation of their parents, or the circumstances of their birth.

Massachusetts leads the nation in easing the path for assisted reproduction, including surrogacy and in-vitro fertilization (IVF). However, current laws do not adequately outline rights, requirements, procedures and safeguards for parents, donors, surrogates, and others involved in the process. This bill 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. They provide consistent caregiving, financial, and emotional support, and they are recognized by the child as their parent. The bill passed today legally recognizes the importance of these relationships 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. Lastly, the bill safeguards against abuse and protections for domestic violence survivors and military parents.

Having passed the House of Representatives 156-0, the bill now goes to the Senate for its consideration.

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