Massachusetts

PRE BIRTH OR POST BIRTH ORDER

Pre-birth

Process begins at week 14 of the pregnancy.  Once the case is filed, the issuance of the judgment can vary depending on the county in which the case is filed.


Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections


ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes. Draft pleadings should be emailed to James.ballin@state.ma.us and Karin.barrett@state.ma.us. Vital Records prefers the biological father be listed in the “Father/Parent 2” box. Once entered, the Order should be emailed to both individuals, as well. The certified Order should be presented to the hospital.

The child’s social security number may also be requested at the time of birth and via the hospital without the fear the child will be linked to the GC.


Birth Certificates

Timing - Varies by county, but the typical time frame is 5-10 business days.

Title - As of January 2016, same sex couples can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.


statutes / case law

Gestational Surrogacy is permitted by case law; Hodas v. Morin (2004); Culliton v. Beth Israel Deaconess Med. Ctr.(2002); R.R. v. M.H. (1998).

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes. Mass. G.L. c. 46, § 4B states, "Any child born to a married woman as a result of artificial insemination with the consent of her husband, shall be considered the legitimate child of the mother and such husband."

 
If the statute only refers to sperm donors, is there case law interpreting this statute to provide the same protection in the egg donor context?  No; however, Goodridge v. Dept. of Public Health holds that all statutes must be read in a gender neutral manner.

Venue

County of the child's birthplace, county of the Intended Parent's residence, or county of the GC’s residence.

Do results vary by venue?  No.

Are motions to waive venue accepted?  Possibly.


Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations or electronic signatures and electronic notarizations are accepted.


Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Depending on the judge, yes.

Will courts igrant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  No.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? 
Yes.

Does the couple need to be married?  No.


Of counsel

Joyce Kauffman

Kauffman Law & Mediation

4238 Washington Street, Ste. 313

Roslindale, MA 02131

(617) 577-1505

joyce@kauffmanlaw.net

http://www.kauffmanlaw.net/

 

Kathleen A. DeLisle

Nichols, DeLisle & Lightholder P.C.

14 Main Street, PO Box 294

Southborough, MA 01772

(508) 356-5185

kadelisle@ndllaw.com

http://www.ndllaw.com