FILED ON: 6/12/2024
HOUSE . . . . . . . . . . . . . . . No. 4750
House bill No. 4672, as changed by the House committee on Bills in the Third Reading and as
amended and passed to be engrossed. June 12, 2024.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to ensure legal parentage equality.
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 Section 4B of chapter 46 of the General Laws is hereby repealed.
2 SECTION 2. Section 13 of said chapter 46, as appearing in the 2022 Official Edition, is
3 hereby amended by striking out, in lines 53 to 56, inclusive, the words “paternity by a court or
4 administrative agency of competent jurisdiction in the commonwealth and the court orders the
5 state registrar to amend the birth certificate to include the information relating to the father” and
6 inserting in place thereof the following words:- parentage by a court or administrative agency of
7 competent jurisdiction in the commonwealth and the court orders the state registrar to originally
8 issue or to amend the birth certificate to include the information relating to the parentage of the
9 child.
10 SECTION 2A. Chapter 209C of the General Laws is hereby amended by striking out the
11 title, as so appearing, and inserting in place thereof the following title: NONMARITAL
12 CHILDREN AND PARENTAGE OF CHILDREN.
1 of 42
13 SECTION 3. Section 1 of said chapter 209C, as so appearing, is hereby amended by
14 inserting after the first sentence the following sentence:- Every child shall have the same rights
15 and protections under law to parentage without regard to the marital status, gender, gender
16 identity or sexual orientation of their parents or the circumstances of their birth, including
17 whether they were born as a result of assisted reproduction or surrogacy.
18 SECTION 4. Said section 1 of said chapter 209C, as so appearing, is hereby further
19 amended by striking out, in lines 7 and 8, 14, 15 and 17, the word “paternity”, each time it
20 appears, and inserting in place thereof, in each instance, the following word:- parentage.
21 SECTION 5. Said section 1 of said chapter 209C, as so appearing, is hereby further
22 amended by striking out, in lines 11 and 20, the words “child born out of wedlock”, each time
23 they appear, and inserting in place thereof, in each instance, the following words:- nonmarital
24 child.
25 SECTION 6. Said section 1 of said chapter 209C, as so appearing, is hereby further
26 amended by striking out, in lines 11 and 12, the words “a man and woman” and inserting in place
27 thereof the following word:- persons.
28 SECTION 7. Said section 1 of said chapter 209C, as so appearing, is hereby further
29 amended by striking out, in lines 20 and 25, the word “his”, each time it appears, and inserting in
30 place thereof, in each instance, the following word:- their.
31 SECTION 8. Said chapter 209C is hereby further amended by inserting after section 1 the
32 following section:-
33 Section 1A. For purposes of this chapter, unless the context clearly indicates otherwise,
34 the following terms shall have the following meanings:
2 of 42
35 “Acknowledged parent”, a person who has established a parent-child relationship through
36 a voluntary acknowledgement of parentage.
37 “Adjudicated parent”, a person who has been adjudicated to be a parent of a child by a
38 court with jurisdiction.
39 “Alleged genetic parent”, a person who is alleged to be or alleges to be a genetic parent
40 of a child whose parentage has not been adjudicated. The term includes a putative parent, an
41 alleged genetic father and an alleged genetic mother. The term does not include a presumed
42 parent, an individual whose parental rights have been terminated or declared not to exist, or a
43 donor as defined in section 27.
44 “Assisted reproduction”, a method of causing pregnancy other than sexual intercourse,
45 which includes, but is not limited to, artificial insemination, intrauterine, intracervical or vaginal
46 insemination, donation of gametes or embryos, in vitro fertilization and transfer of embryos, and
47 intracytoplasmic sperm injection.
48 “Donor”, a person who provides a gamete or embryo intended for use in assisted
49 reproduction or gestation, whether or not for consideration; provided, however, that this term
50 does not include a person who consents to assisted reproduction with the intent to be a parent of
51 the resulting child.
52 “Genetic surrogacy agreement”, a surrogacy agreement involving a genetic surrogate.
53 “Genetic surrogate”, a person who is not an intended parent and agrees to become
54 pregnant through assisted reproduction using their own gamete under a genetic surrogacy
55 agreement as provided in this chapter.
3 of 42
56 “Gestational surrogacy agreement”, a surrogacy agreement involving a gestational
57 surrogate.
58 “Gestational surrogate”, a person who is not an intended parent and agrees to become
59 pregnant through assisted reproduction using gametes that are not their own under a gestational
60 surrogacy agreement as provided in this chapter.
61 “Intended parent”, a person, whether married or unmarried, who manifests an intent to be
62 legally bound as a parent of a child resulting from assisted reproduction.
63 “Nonmarital child”, any child born to persons who are not married to each other.
64 “Parent”, a person who has established parentage of a child through: (a) birth except as
65 otherwise provided in sections 28 to 28P, inclusive; (b) presumption pursuant to section 6; (c)
66 adjudication by a court of competent jurisdiction; (d) adoption pursuant to chapter 210; (e)
67 acknowledgement pursuant to section 11; (f) de facto parentage pursuant to section 25; (g)
68 assisted reproduction pursuant to section 27; or (h) surrogacy pursuant to sections 28 to 28P,
69 inclusive.
70 “Parentage” or “parent-child relationship”, the legal relationship between a child and a
71 parent of the child.
72 “Presumed parent”, a person who under section 6 is presumed to be a parent of a child,
73 unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is made
74 under section 11 or a court adjudicates the person to be a parent.
75 “Surrogacy agreement”, an agreement between 1 or more intended parents and a person
76 who is not an intended parent in which that person agrees to become pregnant through assisted
4 of 42
77 reproduction and which provides that each intended parent is a parent of a child conceived under
78 the agreement.
79 “Surrogate”, a genetic surrogate or gestational surrogate.
80 SECTION 9. Section 2 of said chapter 209C, as appearing in the 2022 Official Edition, is
81 hereby amended by striking out, in line 1, the word “Paternity” and inserting in place thereof the
82 following word:- Parentage.
83 SECTION 10. Said section 2 of said chapter 209C, as so appearing, is hereby further
84 amended by striking out, in lines 5, 6, 12, 13, 16 and 18, the word “paternity”, each time it
85 appears, and inserting in place thereof, in each instance, the following word:- parentage.
86 SECTION 11. Section 3 of said chapter 209C, as so appearing, is hereby amended by
87 striking out, in lines 3, 7, 32, 35 and 36 and 51, the word “paternity”, each time it appears, and
88 inserting in place thereof, in each instance, the following word:- parentage.
89 SECTION 12. Said section 3 of said chapter 209C, as so appearing, is hereby further
90 amended by inserting after the word “parentage”, in line 4, the following words:- under this
91 chapter.
92 SECTION 13. Said section 3 of said chapter 209C, as so appearing, is hereby further
93 amended by striking out, in line 13, the word “his” and inserting in place thereof the following
94 word:- their.
95 SECTION 14. Section 4 of said chapter 209C, as so appearing, is hereby amended by
96 striking out, in lines 1 and 11, the word “paternity”, each time it appears, and inserting in place
97 thereof, in each instance, the following word:- parentage.
5 of 42
 98 SECTION 15. Section 5 of said chapter 209C, as so appearing, is hereby amended by
99 striking out, in lines 1 and 2, 19, 55, 60 and 62, the word “paternity”, each time it appears, and
100 inserting in place thereof, in each instance, the following word:- parentage.
101 SECTION 16. Said section 5 of said chapter 209C, as so appearing, is hereby further
102 amended by striking out, in line 3, the word “mother” and inserting in place thereof the following
103 words:- person who gave birth.
104 SECTION 17. Said section 5 of said chapter 209C, as so appearing, is hereby further
105 amended by striking out, in lines 4 and 9, the word “father”, each time it appears, and inserting in
106 place thereof, in each instance, the following words:- other parent.
107 SECTION 18. Said section 5 of said chapter 209C, as so appearing, is hereby further
108 amended by striking out, in lines 4 and 21, the word “himself”, each time it appears, and
109 inserting in place thereof, in each instance, the following word:- themselves.
110 SECTION 19. Said section 5 of said chapter 209C, as so appearing, is hereby further
111 amended by striking out, in line 7, the words “mother if the mother” and inserting in place
112 thereof the following words:- person who gave birth if that person.
113 SECTION 20. Said section 5 of said chapter 209C, as so appearing, is hereby further
114 amended by striking out, in line 17, the words “mother of the child” and inserting in place
115 thereof the following words:- person who gave birth.
116 SECTION 21. Said section 5 of said chapter 209C, as so appearing, is hereby further
117 amended by striking out, in lines 21 and 22, the words “father unless he is or was the mother’s
6 of 42
118 husband” and inserting in place thereof the following words:- parent unless they are or were the
119 spouse.
120 SECTION 22. Said section 5 of said chapter 209C, as so appearing, is hereby further
121 amended by striking out subsection (b) and inserting in place thereof the following subsection:-
122 (b) Voluntary acknowledgments of parentage may be executed by the person who gave
123 birth and either an alleged genetic parent, presumed parent or intended parent as provided in this
124 chapter, whether either or both is a minor, and may be registered pursuant to section 11 only if
125 the signatures of both signatories are notarized. If the person who gave birth to the child was or
126 is married and the child’s birth occurs during the marriage or within 300 days of its termination
127 by divorce, a voluntary acknowledgment of parentage naming the other parent may be executed
128 by the person who gave birth and the other parent only if the person who gave birth and their
129 spouse or former spouse at the time of the child’s birth or conception sign an affidavit denying
130 that the spouse is the parent of the child; provided, however, that where the marriage has been
131 terminated by annulment or by the death of either spouse, parentage of the other parent may only
132 be established by filing a complaint to establish parentage as provided in this chapter. Prior to
133 signing a voluntary acknowledgment of parentage at the hospital or thereafter at the office of the
134 city or town clerk as part of the birth registration process pursuant to section 3C of chapter 46,
135 with the department of transitional assistance, with the IV–D agency set forth in chapter 119A,
136 with any agency designated by the federal Secretary of Health and Human Services or with any
137 official of a court, a person who gave birth and the other parent shall receive notice orally, or
138 through the use of video or audio equipment, and in writing of alternatives to signing the
139 acknowledgment, including the availability of genetic marker testing, as well as the benefits and
140 responsibilities with respect to child support, custody and visitation that may arise from signing
7 of 42
141 the acknowledgment, and subsequently filing the acknowledgment with the court or with the
142 registrar of vital records and statistics as provided in this chapter.
143 SECTION 23. Section 6 of said chapter 209C, as so appearing, is hereby amended by
144 striking out, in lines 1 and 2, the words “In all actions under this chapter a man is presumed to be
145 the father of a child and must be joined as a party” and inserting in place thereof the following
146 words:- A person is presumed to be the parent of a child and shall be joined as a party in all
147 actions under this chapter.
148 SECTION 24. Said section 6 of said chapter 209C, as so appearing, is hereby further
149 amended by striking out, in lines 3, 6, 11, 14, 16 and 18, the word “he”, each time it appears, and
150 inserting in place thereof, in each instance, the following words:- the person.
151 SECTION 25. Said section 6 of said chapter 209C, as so appearing, is hereby further
152 amended by striking out, in line 3, 7, 12 and 19, the word “mother”, each time it appears, and
153 inserting in place thereof, in each instance, the following words:- person who gave birth.
154 SECTION 26. Said section 6 of said chapter 209C, as so appearing, is hereby further
155 amended by striking out, in line 17, the word “paternity” and inserting in place thereof the
156 following word:- parentage.
157 SECTION 27. Said section 6 of said chapter 209C, as so appearing, is hereby further
158 amended by striking out, in lines 21 to 23, inclusive, the words “he has acknowledged paternity
159 in a parental responsibility claim as provided in section four A of chapter two hundred and ten
160 and the mother” and inserting in place thereof the following words:- the person has
161 acknowledged parentage in a parental responsibility claim as provided in section 4A of chapter
162 210 and the person who gave birth.
8 of 42
163 SECTION 28. Said section 6 of said chapter 209C, as so appearing, is hereby further
164 amended by striking out, in lines 25 to 27, inclusive, the words “his consent and the consent of
165 the child’s mother, he is named as the child’s father” and inserting in place thereof the following
166 words:- the person’s consent and the consent of the person who gave birth, the person is named
167 as the child’s parent.
168 SECTION 29. Said section 6 of said chapter 209C, as so appearing, is hereby further
169 amended by striking out subsection (b) and inserting in place thereof the following subsection:-
170 (b) Notwithstanding subsection (a), a spouse or former spouse shall not be required to be
171 joined as a party if that person’s non-parentage of the child has previously been adjudicated in a
172 proceeding between the spouse and the person who gave birth to the child in a court or
173 administrative agency of competent jurisdiction.
174 SECTION 30. Section 7 of said chapter 209C, as so appearing, is hereby amended by
175 striking out, in lines 3 and 4 and in line 8, the word “paternity”, each time it appears, and
176 inserting in place thereof, in each instance, the word:- parentage.
177 SECTION 31. Section 8 of said chapter 209C, as so appearing, is hereby amended by
178 striking out, in lines 1, 2, 5 and 15, the word “paternity”, each time it appears, and inserting in
179 place thereof, in each instance, the following word:- parentage.
180 SECTION 32. Said section 8 of said chapter 209C, as so appearing, is hereby further
181 amended by striking out, in line 4, the word “his” and inserting in place thereof the following
182 words:- the defendant’s.
9 of 42
183 SECTION 33. Said section 8 of said chapter 209C, as so appearing, is hereby further
184 amended by striking out, in line 7, the words “mother or putative father submits” and inserting in
185 place thereof the following words:- person who gave birth or alleged genetic parent submits
186 sufficient evidence of parentage, which may include evidence.
187 SECTION 34. Said section 8 of said chapter 209C, as so appearing, is hereby further
188 amended by striking out, in lines 12 and 13, the words “father or mother” and inserting in place
189 thereof the following word:- parent.
190 SECTION 35. Said section 8 of said chapter 209C, as so appearing, is hereby further
191 amended by striking out, in line 16, the word “mother” and inserting in place thereof the
192 following words:- person who gave birth.
193 SECTION 36. Section 9 of said chapter 209C, as so appearing, is hereby amended by
194 striking out, in line 21, the word “his” and inserting in place thereof the following words:- the
195 defendant’s.
196 SECTION 37. Said section 9 is hereby further amended by striking out, in line 27, the
197 word “mother” and inserting in place thereof the following words: another parent.
198 SECTION 38. Subsection (a) of section 10 of said chapter 209C, as so appearing, is
199 hereby amended by striking out the first paragraph and inserting in