The bill proposes an amendment to Chapter 15-7 of the General Laws, specifically adding a new section titled "Confirmatory adoption for children born through assisted reproduction." This new section defines terms such as "assisted reproduction," "marriage," and "petitioners," and outlines the process for parents to file a petition for adoption to confirm parentage of a child born through assisted reproduction. The bill stipulates that if one parent did not give birth but is a parent or presumed parent under specified sections of the law, the court must allow the parents to file a petition for adoption. The petition must include the adoption petition signed by both parties, relevant marriage certificates or declarations regarding the circumstances of the child's birth, and the child's birth certificate. The petition will serve as the written consent to adoption, and no additional consent or notice is required.
The bill further states that if conception occurred through assisted reproduction with donor gametes or embryos, the court shall not require notice or consent from the donor. It also specifies that the court shall not require an in-person hearing, investigation, home study, criminal records check, verification against missing children registers, or a minimum residency period, unless good cause is shown or federal law requires it. The court must grant the adoption within 30 days if certain conditions are met, such as marital parents being married at the time of the child's birth and the child being born through assisted reproduction, or for non-marital parents, both consenting to the assisted reproduction without competing claims of parentage. The bill ensures that a petition for adoption is not denied solely because the petitioner's parentage is already presumed or legally recognized, and not petitioning for adoption under this section cannot be used as evidence in parentage conflicts or in determining the child's best interest. The act would take effect upon passage and aims to provide a streamlined adoption process to protect children born through assisted reproduction against discrimination in all jurisdictions.