(BOSTON 8/5/2024) – Last week, the Massachusetts Legislature passed An Act to ensure legal parentage equality, extending the full rights of parentage to LGBTQ+ families and families created via assisted reproduction.

The bill dismantles archaic legal barriers to basic parenting responsibilities for modern families, opening the door 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.

“The Massachusetts Legislature is acting to ensure that if you are a parent, the law treats you as such – regardless of whether you gave birth, adopted, had a surrogate, used IVF, or if you are part of a same-sex couple,” said Senator Michael Moore (D-Millbury). “The Commonwealth has long been a place that all are welcome, and I’m thrilled that this legislation continues our mission to codify those values into law. I’d like to thank my colleagues in the House and the Senate for getting this bill across the finish line and onto Governor Healey’s desk.”

Despite leading the nation by legalizing same-sex marriage 20 years ago, LGBTQ+ residents continue to face significant barriers in obtaining full legal recognition as a parent.

In response, the legislature’s bill 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 and parent has the same rights and protections without regard to the marital status, gender identity, or sexual orientation of their parents, or the circumstances of their birth.

The legislation 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 bill passed today legally 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.

A compromise having passed the Legislature, the bill now goes to the Governor’s desk for her signature.

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