HOUSE . . . . . . . . No. 4965
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, September 3, 2020.
The committee on Children, Families and Persons with Disabilities to
whom was referred the petition (accompanied by bill, House, No. 139) of
Kay Khan and others relative to the adjudication or determination of
parentage, reports recommending that the accompanying bill (House, No.
4965) ought to pass.
For the committee,
KAY KHAN.
 FILED ON: 9/1/2020
HOUSE . . . . . . . . . . . . . . . No. 4965
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act relative to parentage to promote children's security.
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 1 of chapter 209C of the General Laws, as appearing in the 2018
2 Official Edition, is hereby amended by striking out, in lines 7 and 8, and in lines 14, 15 and 17,
3 the word “paternity” and inserting in place thereof, in each instance, the following word:-
4 parentage.
5 SECTION 2. Said section 1 of said chapter 209C, as so appearing, is hereby further
6 amended by striking out, in line 11 and in line 20, the words “child born out of wedlock” and
7 inserting in place thereof, in each instance, the following words:- nonmarital child.
8 SECTION 3. Section 2 of said chapter 209C, as so appearing, is hereby amended by
9 striking out, in line 1, the word “Paternity” and inserting in place thereof the following word:-
10 Parentage.
11 SECTION 4. Said section 2 of said chapter 209C, as so appearing, is hereby further
12 amended by striking out, in lines 12, 13, 16, and in line 18, the word “paternity” and inserting in
13 place thereof, in each instance, the following word:- parentage.
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14 SECTION 5. Said section 2 of said chapter 209C, as so appearing, is hereby further
15 amended by striking out, in line 5, the words “paternity filed pursuant to this chapter” and
16 inserting in place thereof the following words:- parentage filed pursuant to this chapter or chapter
17 209E.
18 SECTION 6. Section 3 of said chapter 209C, as so appearing, is hereby amended by
19 striking out, in lines 3, 7, lines 35 and 36, and in line 51, the word “paternity” and inserting in
20 place thereof, in each instance, the following word:- parentage.
21 SECTION 7. Said section 3 of said chapter 209C, as so appearing, is hereby further
22 amended by inserting after the word “parentage”, in line 4, the following words:- under this
23 chapter.
24 SECTION 8. Section 4 of said chapter 209C, as so appearing, is hereby amended by
25 striking out, in lines 1 and 11, the word “paternity”, and inserting in place thereof, in each
26 instance, the following word:- parentage.
27 SECTION 9. Section 5 of said chapter 209C, as so appearing, is hereby amended by
28 striking out, in lines 1 and 2, lines 19, 35, 55, 60 and 62, the word “paternity” and inserting in
29 place thereof, in each instance, the following word:- parentage.
30 SECTION 10. Said section 5 of said chapter 209C, as so appearing, is hereby further
31 amended by inserting after the word “mother”, in lines 3, 7, the first time it appears, and in line
32 17, the following words:- person who gave birth.
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33 SECTION 11. Said section 5 of said chapter 209C, as so appearing, is hereby further
34 amended by striking out, in line 4, the words “the mother” and inserting in place thereof the
35 following words:- that person.
36 SECTION 12, Said section 5 of said chapter 209C, as so appearing, is hereby further
37 amended by striking out, in line 4 and in line 9, the second time it appears, the word “father” and
38 inserting in place thereof, in each instance, the following words:- other parent.
39 SECTION 13. Said section 5 of said chapter 209C, as so appearing, is hereby further
40 amended by striking out, in lines 4 and 21, the word “himself” and inserting in place thereof, in
41 each instance, the following word:- themselves.
42 SECTION 14. Said section 5 of said chapter 209C, as so appearing, is hereby further
43 amended by striking out, in lines 21 and 22, the words “mother’s husband” and inserting in place
44 thereof the following word:- spouse.
45 SECTION 15. Said section 5 of said chapter 209C, as so appearing, is hereby amended
46 by striking out, in lines 24 to 37, inclusive, the words “mother and the putative father, whether
47 either or both is a minor, and may be registered pursuant to section 11 only if the signatures of
48 the mother and the father are notarized. If the mother of the child was or is married and the
49 child’s birth occurs during the marriage or within 300 days of its termination by divorce, a
50 voluntary acknowledgment of parentage naming the putative father may be executed by the
51 mother and the putative father only if the mother and the person who was the spouse of the
52 mother at the time of the child’s birth or conception sign an affidavit denying that the spouse is
53 the father of the child; provided, however, that where the marriage has been terminated by
54 annulment or by the death of either spouse, paternity of the putative father may only be
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55 established by filing a complaint to establish paternity as provided in this chapter. A mother and
56 a putative father” and inserting in place thereof the following words:- person who gave birth and
57 either a presumed parent or alleged genetic parent as provided in this chapter or an intended
58 parent as provided in Article 6 of chapter 209E, whether either or both is a minor and may be
59 registered pursuant to section 11 only if the signatures of both signatories are notarized. If the
60 person who gave birth to the child was or is married and the child’s birth occurs during the
61 marriage or within 300 days of its termination by divorce, a voluntary acknowledgment of
62 parentage naming the other parent may be executed by the person who gave birth and the other
63 parent only if the person who gave birth and the person who was the spouse of the person who
64 gave birth at the time of the child’s birth or conception sign an affidavit denying that the spouse
65 is the parent of the child; provided, however, that where the marriage has been terminated by
66 annulment or by the death of either spouse, parentage of the other parent may only be established
67 by filing a complaint to establish paternity as provided in this chapter. A person who gave birth
68 and the other parent.
69 SECTION 15A. Subsection (b) of said section 5 of said chapter 209C, as so appearing, is
70 hereby further amended by adding the following sentence:- For the purposes of this chapter the
71 term “alleged genetic parent”, means an individual who is alleged to be, or alleges that the
72 individual is, a genetic parent or possible genetic parent of a child whose parentage has not been
73 adjudicated. The term includes a putative parent, an alleged genetic father and alleged genetic
74 mother. The term does not include: (A) a presumed parent; (B) an individual whose parental
75 rights have been terminated or declared not to exist; or (C) a donor.
76 SECTION 16. Section 6 of said chapter 209C, as so appearing, is hereby amended by
77 striking out, in lines 1 and 2, the words “In all actions under this chapter a man is presumed to be
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78 the father of a child and must be jointed as a party” and inserting in place thereof the following
79 words:- A person is presumed to be the parent of a child and shall be joined as a part in all
80 actions under this chapter.
81 SECTION 17. Said section 6 of said chapter 209C, as so appearing, is hereby further
82 amended by striking out, in lines 3, 6, 11,14, 16, 18 and 26, the word “he” and inserting in place
83 thereof, in each instance, the following words:- the person.
84 SECTION 18. Said section 6 of said chapter 209C, as so appearing, is hereby further
85 amended by striking out, in lines 3, 7 and 32, the word “mother” and inserting in place thereof, in
86 each instance, the following words:- person who gave birth.
87 SECTION 19. Said section 6 of said chapter 209C, as so appearing, is hereby further
88 amended by striking out, in lines 21 to 23, inclusive, the words “he has acknowledged paternity
89 in a parental responsibility claim as provided in section four A of chapter two hundred and ten
90 and the mother” and inserting in place thereof the following words:- the person has asserted
91 parentage in a parental responsibility claim as provided in section 4A of chapter 210 and the
92 person who gave birth.
93 SECTION 20. Said section 6 of said chapter 209C, as so appearing, is hereby further
94 amended by striking out subsection (b) and inserting in place thereof the following subsection:-
95 (b) Notwithstanding subsection (a), a spouse or former spouse shall not be required to be
96 joined as a party if that person’s non-parentage of the child has previously been adjudicated in a
97 proceeding between the spouse and the person who gave birth to the child in a court or
98 administrative agency of competent jurisdiction.
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 99 SECTION 21. Said section 6 of said chapter 209C, as so appearing, is hereby further
100 amended by adding the following subsection:-
101 (d) A presumption of parentage under this section may be overcome, and competing
102 claims to parentage may be resolved, by a valid denial of parentage under section 11 of this
103 chapter or as follows:
104 (1) A presumption of parentage cannot be overcome after the child attains 2 years of age
105 unless the court determines: (i) the presumed parent is not a genetic parent, never resided with
106 the child, and never held out the child as the presumed parent’s child; or (ii) the child has more
107 than 1 presumed parent.
108 (2) A proceeding to challenge the marital presumption by an alleged genetic parent who
109 is not a presumed parent may be permitted by a court only if the alleged genetic parent proves,
110 by clear and convincing evidence, that the alleged genetic parent has a substantial parent-child
111 relationship with the child. If the court permits the proceeding, the court shall adjudicate
112 parentage under chapter 209E, section 511.
113 (3) The following rules apply in a proceeding to adjudicate a presumed parent’s
114 parentage of a child if the individual who gave birth to the child is the only other individual with
115 a claim to parentage of the child: (i) If no party to the proceeding challenges the presumed
116 parent’s parentage of the child, the court shall adjudicate the presumed parent to be a parent of
117 the child; (ii) If the presumed parent is identified as a genetic parent of the child and that
118 identification is not successfully challenged, the court shall adjudicate the presumed parent to be
119 a parent of the child; (iii) If the presumed parent is not identified as a genetic parent of the child
120 and the presumed parent or the individual who gave birth to the child challenges the presumed
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121 parent’s parentage of the child, the court shall adjudicate the parentage of the child in the best
122 interest of the child based on the factors of chapter 209E, section 511(a) and (b).
123 (4) Subject to other limitations in this part, if in a proceeding to adjudicate a presumed
124 parent’s parentage of a child, another individual in addition to the individual who gave birth to
125 the child asserts a claim to parentage of the child, the court shall adjudicate parentage under
126 chapter 209E, section 511.
127 SECTION 22. Section 7 of said chapter 209C, as so appearing, is hereby amended by
128 striking out, in lines 3 and 4 and in line 8, the word “paternity” and inserting in place thereof, in
129 each instance, the word:- parentage.
130 SECTION 23. Section 8 of said chapter 209C, as so appearing, is hereby amended by
131 striking out, in lines 1, 2, 5 and 15, the word “paternity” and inserting in place thereof the
132 following word:- parentage.
133 SECTION 24. Said section 8 of said chapter 209C, as so appearing, is hereby further
134 amended by striking out, in line 7, the words “mother or putative father submits” and inserting in
135 place thereof the following words:- person who gave birth or alleged genetic parent submits
136 sufficient evidence, which may include evidence.
137 SECTION 25. Said section 8 of said chapter 209C, as so appearing, is hereby further
138 amended by striking out, in lines 12 and 13, the word “father or mother” and inserting in place
139 thereof the following word:- parent.
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140 SECTION 26. Said section 8 of said chapter 209C, as so appearing, is hereby further
141 amended by striking out, in line 16, the word “mother” and inserting in place thereof the
142 following words:- person who gave birth.
143 SECTION 27. Subsection (a) of section 10 of said chapter 209C, as so appearing, is
144 hereby amended by striking out the first paragraph and inserting in place thereof the following
145 paragraph:-
146 Upon or after an adjudication or voluntary acknowledgment of parentage for a nonmarital
147 child, the court may award custody to either parent or to them jointly or to another suitable
148 person as hereafter further specified as may be appropriate in the best interests of the child.
149 SECTION 28. Said section 10 of said chapter 209C, as so appearing, is hereby further
150 amended by striking out subsection (b) and inserting in place thereof the following subsection:-
151 (b) Prior to or in the absence of an adjudication or voluntary acknowledgment of
152 parentage, the person who gave birth shall have custody of a nonmarital child. In the absence of
153 an order or judgment of a probate and family court relative to custody, the person who gave birth
154 shall continue to have custody of a child after an adjudication of parentage or voluntary
155 acknowledgment of parentage.
156 SECTION 29. Section 11 of said chapter 209C, as so appearing, is hereby amended by
157 striking out, in line 2, the words “putative father” and inserting in place thereof, in each instance,
158 the following words:- alleged genetic parent, presumed parent or intended parent.
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159 SECTION 30. Said section 11 of said chapter 209C, as so appearing, is hereby further
160 amended by striking out, in lines 7, 20, 22, 37 and 49 the word “paternity” and inserting in place
161 thereof, in each instance, the following word:- parentage.
162 SECTION 31. Said section 11 of said chapter 209C, as so appearing, is hereby amended
163 by striking out, in line 21, the word “father” and inserting in place thereof the following word:-
164 parent.
165 SECTION 32. Said section 11 of said chapter 209C, as so appearing, is hereby further
166 amended by striking out, in lines 2 and 59, the word “father” and inserting in place thereof, in
167 each instance, the following words:- parent, presumed parent or intended parent.
168 SECTION 33. Said section 11 of said chapter 209C, as so appearing, is hereby further
169 amended by inserting after the word “be”, in line 11, the following words:- in a record signed by
170 the person who gave birth and by the individual seeking to establish a parent-child relationship
171 and is hereby further amended by inserting after the word “public,” in line 11 and in line 51, the
172 following words:- or witnessed.
173 SECTION 34. Said section 11 of said chapter 209C, as so appearing, is hereby further
174 amended by striking out, in line 43, the word “rescind” and inserting in place thereof the
175 following word:- challenge.
176 SECTION 35. Said section 11 of said chapter 209C, as so appearing, is hereby further
177 amended by striking out the tenth sentence and inserting in place thereof the following sentence:-
178 If either party rescinds the acknowledgment in a timely fashion and the basis of the
179 acknowledgment is genetic parentage, the court shall order genetic marker testing and proceed to
180 adjudicate parentage or nonparentage in accordance with this chapter; provided, however, that
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181 the rescinded acknowledgment shall constitute the proper showing required for an order to
182 submit to such testing; and provided, further, that the rescinded acknowledgment shall be
183 admissible as evidence of the alleged genetic parent’s parentage and shall serve as sufficient
184 basis for admitting the report of the results of genetic marker tests. SECTION 36. Said section
185 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 56,
186 the word “nonpaternity” and inserting in place thereof the following word:- nonparentage.
187 SECTION 37. Said section 11 of said chapter 209C, as so appearing, is hereby further
188 amended by striking out, in line 59, the word “a mother and father” and inserting in place thereof
189 the following words:- parents.
190 SECTION 38 . Said section 11 of sai