Malden legislators celebrate passage of Massachusetts Parentage Act

On August 1, 2024, State Senator Jason Lewis and State Representatives Paul Donato, Steve Ultrino and Kate Lipper-Garabedian joined their colleagues in the Massachusetts Legislature to enact An Act to ensure legal parentage equality – also known as the Massachusetts Parentage Act – extending the full rights of parentage to LGBTQ+ families and families created via assisted reproduction. This legislation dismantles archaic legal barriers to basic parenting responsibilities for modern families, enabling all parents 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. On August 8, Governor Maura Healey signed the Massachusetts Parentage Act into law as Chapter 166 of the Acts of 2024.

“All parents and families should have the same parenting rights and protections, regardless of the gender identity or sexual orientation of the parents or the use of assisted reproduction,” said Senator Lewis. “I’m proud that Massachusetts continues to be a safe and welcoming place for all families to raise their children.”

“As Chair of the Foster Care Caucus and the Grandparents Raising Grandchildren Commission, I frequently see first-hand the challenges residents experience in attempting to build their families. The Massachusetts Parentage Act takes important strides in modernizing state law to reflect a common pathway to parentage for all Massachusetts residents, particularly for LGBTQ+ families,” said Representative Donato. “I want to thank my colleagues for prioritizing this vital legislation in ensuring that all Massachusetts residents have the same rights and opportunities to build their families.”

“The Parentage Act reflects and legally recognizes the many ways families are formed today. I’m grateful that the parental rights of parents and families are now protected regardless of martial status, gender identity, sexual orientation of the parents, or the circumstances of the child’s birth,” said Representative Ultrino. “This piece of legislation is a step forward in creating equality for families of all kinds across the Commonwealth.”

“I was proud to join the full legislature to vote in support of this bipartisan bill to protect and honor the diversity of families and parents in the Commonwealth,” said Representative Lipper-Garabedian. “As the nation’s leader in recognizing marriage equality 20 years ago, Massachusetts will continue to serve as a model for the country and the world in advancing human rights for all residents, including those in the LGBTQ+ community, with the passage of the Parentage Act.”

Twenty years ago, Massachusetts led the nation by legalizing same-sex marriage. The Parentage Act continues this work by updating the Commonwealth’s laws so that common paths to parentage may be used 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 the parents, or the circumstances of the child’s birth.

The Parentage Act also 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 Parentage Act 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.