Cape Ann’s Sen. Tarr, and Cape Cod’s Sen. Cyr Join Forces to Support the Gay Agenda

NOTES BETWEEN PRINTED EDITIONS:

Lesbian Massachusetts Governor Maura ‘Hold-It’ Healey has found support from Cape Ann’s Republican Senator Bruce Tarr, as well as Cape Cod’s Homosexual Senator Julianne Cyr (unlike Tarr, Cyr always wants everyone to know he’s out of the closet in seemingly all of his communications).

The two male senators are co-sponsors along with others now, including Sen. Sarah Peak (another member of the LGBTQ+ club) and supporter’s of Healey’s latest LGBTQ+ supported bill that is aimed at “parentage.”

According to a press release by the governor, Massachusetts has fallen behind other liberal states in supporting parental rights for her community: “Let’s go, Massachusetts! We’ve been proud to be a national leader and trailblazer when it comes to LGBTQ+ equality, but we’ve got some catching up to do,” said Governor Maura Healey. “Let’s pass the Massachusetts Parentage Act to make sure every family has the legal protections they need and deserve.”

The text of the 32-page bill is shown below.
It appears to be very concerned with gay people getting babies through various methods and establishing parenthood, iregardless of egg and sperm origination, and other such matters, but in 32 pages, there’s a lot to read:

SENATE . . . . . . . . . . . . . . No. 947

By Mr. Cyr, a petition (accompanied by bill, Senate, No. 947) of Julian Cyr, Bruce E. Tarr, Adam Scanlon, Robyn K. Kennedy and other members of the General Court for legislation to ensure legal parentage equality. The Judiciary.

The Commonwealth of Massachusetts

In the One Hundred and Ninety-Third General Court (2023-2024)

An Act to ensure legal parentage equality.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION The title of chapter 209C of the General Laws is hereby amended by
striking out the words “CHILDREN BORN OUT OF WEDLOCK” in that title and inserting in
place thereof the following words:– “NONMARITAL CHILDREN AND PARENTAGE OF
CHILDREN”.

SECTION Chapter 209C of the General Laws is hereby amended by inserting after
section 1 the following section 1A:- (a) It is the public policy of the Commonwealth that every
child has the same rights and protections under law as any other child without regard to the
marital status, gender, gender identity, or sexual orientation of the parent or parents or the
circumstances of the birth of the child, including whether the child was born as a result of
assisted reproduction or surrogacy. (b) a parent-child relationship is established between a person
and a child if (i) Birth: the person gives birth to the child, except as otherwise provided in
sections 28A-28Q; (ii) Presumption: there is a presumption of parentage under section 6, unless

the presumption is overcome in a judicial proceeding or a valid denial of parentage is made; (iii)

Adjudication: the individual is adjudicated a parent of the child by a court with jurisdiction; (iv)

Adoption: the individual adopts the child pursuant to chapter 210; (v) Acknowledgment: the

individual acknowledges parentage of the child under this chapter unless the acknowledgment is

rescinded or successfully challenged; (vi) De Facto Parentage: the individual is adjudicated a de

facto parent of the child under section 25; (vii) Assisted reproduction: the individual’s parentage

of the child is established under section 27; (viii) Surrogacy: the individual’s parentage of the

child is established under sections 28A-28Q. (c) For the purpose of this chapter, the term “child

born out of wedlock” includes the term nonmarital child; the term “man” or “father” includes a

parent of any gender; the term “woman” or “mother” includes the term “parent who gave birth;

the term “putative father” includes the term “alleged genetic parent” and does not include a

presumed parent, an individual whose parental rights have been terminated or declared not to

exist or a donor” any reference to “paternity” includes the term “parentage;” any reference to

“nonpaternity” includes the term “nonparentage;” any reference to “voluntary acknowledgement

of paternity” includes the term “voluntary acknowledgment of parentage;” and any reference to

“husband” or “wife” includes the term “spouse.”

SECTION Section 5 of chapter 209C is hereby amended in line 50 by inserting after

the word “chapter” the following sentence:- Voluntary acknowledgments of parentage may also

be executed pursuant to this chapter by the person who gave birth and a person who is either a

presumed parent pursuant to section 6 or an intended parent pursuant to section

SECTION Section 6 of chapter 209C is hereby amended in line 39 by adding the

following subsection:-

(d) A presumption of parentage under this section may be overcome, and competing

claims to parentage may be resolved, only by a valid denial of parentage under section 11 of this

chapter or as follows:

(1) A presumption of parentage cannot be overcome after the child attains 2 years of age

unless the court determines: (i) the presumed parent is not a genetic parent, never resided with

the child, and never held out the child as the presumed parent’s child; or (ii) the child has more

than 1 presumed

(2) A proceeding to challenge a presumption by an alleged genetic parent who is not a

presumed parent may be permitted by a court only if the alleged genetic parent proves, by clear

and convincing evidence, that the alleged genetic parent has a substantial parent-child

relationship with the If the court permits the proceeding, the court shall adjudicate

parentage under section

(3) The following rules apply in a proceeding to adjudicate a presumed parent’s

parentage of a child if the individual who gave birth to the child is the only other individual with

a claim to parentage of the child: (i) If no party to the proceeding challenges the presumed

parent’s parentage of the child, the court shall adjudicate the presumed parent to be a parent of

the child; (ii) If the presumed parent is identified as a genetic parent of the child and that

identification is not successfully challenged, the court shall adjudicate the presumed parent to be

a parent of the child; (iii) If the presumed parent is not identified as a genetic parent of the child

and the presumed parent or the individual who gave birth to the child challenges the presumed

parent’s parentage of the child, the court shall adjudicate the parentage of the child in the best

interest of the child based on the factors of section

(4) Subject to other limitations in this part, if in a proceeding to adjudicate a presumed

parent’s parentage of a child, another individual in addition to the individual who gave birth to

the child asserts a claim to parentage of the child, the court shall adjudicate parentage under

section

SECTION Section 11 of chapter 209C is hereby amended in line 2 by inserting after

the word “father” the following:- presumed parent or intended parent pursuant to section

SECTION Section 11 of chapter 209C is hereby amended by striking out, in line 3, the

words “mother of the child” and inserting in place thereof the following words:- individual who

gave birth to the

SECTION Section 11 of chapter 209C is hereby amended in lines 21-22 by striking

“such putative father and mother and shall have the same force and effect as a judgment of

paternity” and inserting the following:- “both parents and shall have the same force and effect as

a judgment of parentage”.

SECTION Section 11 of chapter 209C is hereby amended in line 48 by striking “shall”

and inserting the following:-

SECTION Section 11 of chapter 209C is hereby amended in line 83 by inserting after

the word “executed” the following sentence:-A voluntary acknowledgement of parentage that

complies with this section and section 5 and is filed with the registrar of vital records and

statistics or the court is equivalent to an adjudication of parentage of the child and confers on the

acknowledged parent all rights and duties of a The court shall give full faith and credit to

a voluntary acknowledgment of parentage that is effective in another state if the

acknowledgment was in a signed record and otherwise complies with the laws of the other

SECTION Chapter 209C of the General Laws is hereby amended by inserting after

section 24 the following section 25:

Section De Facto Parentage

(a) This section shall apply to nonmarital and marital A proceeding to establish

parentage of a child under this section may be commenced only by an individual who:

(i) is alive when the proceeding is commenced; and

(ii) claims to be a de facto parent of the

(b) An individual who claims to be a de facto parent of a child shall commence a

proceeding to establish parentage of a child under this section:

(i) before the child attains 18 years of age; and

(ii) while the child is

parent of a child to maintain a proceeding under this section:

(i) The individual shall file an initial verified pleading alleging specific facts that support

the claim to parentage of the child asserted under this The verified pleading must be

served on all parents and legal guardians of the child and any other party to the

(ii) An adverse party, parent, or legal guardian may file a pleading in response to the

pleading filed under paragraph (i). A responsive pleading must be verified and served on parties

to the

(iii) The court shall determine, based on the pleadings under subsections c(i) and c(ii) ,

whether the individual has alleged facts sufficient to satisfy by a preponderance of the evidence

each of the requirements of paragraphs (i) through (vii) of subsection (d). Upon request made by

a party entitled to notice, the court may hold a hearing on the issue of Whether the

hearing is an evidentiary hearing is in the discretion of the The court may enter an interim

order concerning contact between the child and an individual with standing seeking adjudication

under this section as a de facto parent of the

(d) In a proceeding to adjudicate parentage of an individual who claims to be a de facto

parent of the child, if there is only 1 other individual who is a parent or has a claim to parentage

of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a

parent of the child if the individual demonstrates by clear-and convincing evidence that:

(i) the individual resided with the child as a regular member of the child’s household for a

significant period of time based on the age of the child;

(ii) the individual engaged in consistent caretaking of the child which may include

regularly taking responsibility for the child’s needs such as care, guidance, education and health,

and making day-to-day decisions regarding the child individually or cooperatively with another

parent;

(iii) the individual undertook full and permanent responsibilities of a parent of the child

without expectation or payment of financial If an individual undertook the

responsibilities of a parent of the child due to a parent of that child being deployed in the

military, there shall be a presumption that such arrangements were intended to be temporary for

the duration of the parent’s military deployment;

(iv) the individual held out the child as the individual’s child;

(v) the individual established a bonded and dependent relationship with the child which is

parental in nature;

(vi) a parent of the child fostered or supported the bonded and dependent relationship

required under paragraph (v). Consent to guardianship, execution of a caregiver affidavit,

execution of a Military Family Care Plan, or other caretaking agreement by a parent serving in

the military shall not be considered as evidence that a parent fostered or supported the bonded

and dependent relationship required under (v); and

(vii) continuing the relationship between the individual and the child is in the best interest

of the In considering this factor, the court shall consider evidence of past or present abuse

by the individual toward a parent or the child as a factor contrary to the best interests of the

For the purpose of this section, “abuse” shall have the same meaning as provided in section 31 of

chapter 208 and section 10(e) of this

(e) A parent of the child may use evidence of duress, coercion, or threat of harm to

contest an allegation that the parent fostered or supported a bonded and dependent

relationship as

provided in subsection (d)(vi) of this section or that continuing the relationship between

the individual and the child is in the best interests of the child as provided in subsection d(vii) of

this Such evidence may include, but not be limited to, whether, within the prior ten

years, the individual seeking to be adjudicated a de facto parent (1) has been convicted of a crime

involving violence against a parent of the child or the child including but not limited to rape,

assault with intent to commit rape, indecent assault and battery, assault or assault and battery on

a family or household member; (2) was the subject of a final abuse prevention order pursuant to

Chapter 209A or section 34B or 34C of Chapter 208 because the individual was found to have

committed abuse against the child or a parent of the child; (3) was substantiated for abuse against

the child by the Department of Children and Families; or (4) there exists other credible evidence

of abuse by the individual against a parent of the child or the

(f) Subject to other limitations in this section, if in a proceeding to adjudicate parentage

of an individual who claims to be a de facto parent of the child, there is more than 1 other

individual who is a parent or has a claim to parentage of the child and the court determines that

the requirements of subsection (d) are satisfied, the court shall adjudicate parentage under section

26 of this

(g) The adjudication of an individual as a de facto parent under this section does not

disestablish the parentage of any other

SECTION Chapter 209C of the General Laws is hereby amended by inserting the

following section 26:

Section Competing Claims of Parentage

(a) In a proceeding to adjudicate competing claims of, or challenges under this chapter to,

parentage of a child by 2 or more individuals, the court shall adjudicate parentage in the best

interest of the child, based on:

(i) the age of the child;

(ii) the length of time during which each individual assumed the role of parent of the

child;

(iii) the nature of the relationship between the child and each individual;

(iv) the harm to the child if the relationship between the child and each individual is not

recognized;

(v) the basis for each individual’s claim to parentage of the child; and

(vi) other equitable factors arising from the disruption of the relationship between the

child and each individual or the likelihood of other harm to the

(b) If an individual challenges parentage based on the results of genetic testing, in

addition to the factors listed in subsection (a), the court shall consider:

(i) the facts surrounding the discovery that the individual might not be a genetic parent of

the child; and

(ii) the length of time between the time that the individual was placed on notice that the

individual might not be a genetic parent and the commencement of the

is in the best interests of the child to do A finding of best interests of the child under this

subsection does not require a finding of unfitness of any parent or person seeking an adjudication

SECTION Chapter 209C of the General Laws is hereby amended by inserting the

following section 27:

Section Parentage by Assisted Reproduction

This section shall apply to nonmarital and marital This section shall not apply

to the birth of a child conceived by sexual intercourse or assisted reproduction by surrogacy

agreement under sections 28A-

Venue for a proceeding to adjudicate parentage under this section is in the county of this

state in which: (i) the child resides or is or will be born; (ii) any parent or intended parent resides;

or (iii) a proceeding has been commenced for administration of the estate of an individual who is

or may be a parent under this

The following terms shall have the following meanings:

“Assisted reproduction”, a method of causing pregnancy other than sexual intercourse

and includes, but is not limited to, artificial insemination as well as intrauterine, intracervical, or

vaginal insemination; donation of gametes; donation of embryos; in vitro fertilization and

transfer of embryos; and intracytoplasmic sperm

“Donor”, an individual who provides a gamete or embryo intended for assisted

reproduction or gestation, whether or not for This term does not include a person

who consents to assisted reproduction with the intent to be a parent of the resulting

“Intended parent”, an individual, whether married or unmarried, who manifests an intent

to be legally bound as a parent of a child resulting from assisted

A donor is not a parent of a child conceived through assisted reproduction by virtue of the

donor’s genetic A donor may not establish the donor’s parentage by signing an

acknowledgment of parentage pursuant to this A donor shall not be entitled to notice.

An individual who consents to assisted reproduction under subsection (f) with the intent

to be a parent of a child conceived by the assisted reproduction is a parent of the

Consent to assisted reproduction described in subsection (e) may be established either by

a record signed by the individual giving birth to a child conceived by assisted reproduction and

by an individual who intends to be a parent of the child before, on, or after the birth of the child

or if a court finds by a preponderance of the evidence that (i) prior to conception or birth of the

child, the parties agreed that they would be parents of the child; or (ii) the individual who seeks

to be a parent of the child voluntarily participated in and consented to the assisted reproduction

that resulted in the conception of the

Except as otherwise provided herein, an individual who, at the time of a child’s birth, is

the spouse of the person who gave birth to the child by assisted reproduction may not challenge

the spouse’s parentage of the child unless not later than 2 years after the birth of the child, the

spouse commences a proceeding to adjudicate their own parentage of the child, and the court

finds the spouse did not consent to the assisted reproduction, before, on, or after birth of the

child, or withdrew consent under subsection A proceeding by a spouse to challenge their own

parentage of a child born by assisted reproduction may be commenced at any time if the court

determines that the spouse neither provided a gamete for, nor consented to, the assisted

reproduction; the spouse and the person who gave birth to the child have not cohabited since the

probable time of assisted reproduction; and the spouse never openly held out the child as their

This subsection applies to a spouse’s dispute of parentage even if the spouse’s marriage is

declared invalid after assisted reproduction The person giving birth shall not challenge a

spouse’s parentage under this

A married individual who has commenced an action for divorce may, after at least 60

days has elapsed since service of the complaint, proceed with assisted reproduction pursuant to

this section and the spouse shall not be a parent of any child born as a result of the assisted

reproduction unless the spouse consents in a record to be a parent of a child born as a result of

assisted reproduction after commencement of a divorce A married individual proceeding

with assisted reproduction pursuant to this section shall not utilize gametes of the spouse unless

the spouse consents in a record to the use of the spouse’s gametes for assisted reproduction by

the married person after commencement of a divorce

An individual who consents under subsection e to assisted reproduction may withdraw

consent any time before a transfer or implantation of gametes or embryos that results in a

pregnancy, by giving notice in a record of the withdrawal of consent to the person who agreed to

give birth to a child conceived by assisted reproduction and to any clinic or health-care provider

who may be facilitating the assisted Failure to give notice to a clinic or health-care

provider does not affect a determination of parentage under this An individual who

withdraws consent under this subsection is not a parent of the child under this

(i)If an individual who intends to be a parent of a child conceived by assisted

reproduction dies during the period between the transfer or implantation of a gamete or embryo

and the birth of the child, the individual’s death does not preclude the establishment of the

individual’s parentage of the child if the individual otherwise would be a parent of the child

under this (ii) If an individual who consented in a record to assisted reproduction by a

person who agreed to give birth to a child dies before a transfer or implantation of gametes or

embryos, the deceased individual is a parent of a child conceived by the assisted reproduction

only if either the individual consented in a record that if assisted reproduction were to occur after

the death of the individual, the individual would be a parent of the child; or the individual’s

intent to be a parent of a child conceived by assisted reproduction after the individual’s death is

established by a preponderance of the evidence; and either the embryo is in utero not later than

36 months after the individual’s death; or the child is born not later than 45 months after the

individual’s

If due to a laboratory error the child is not genetically related to either the intended parent

or parents or any donor who donated to the intended parent or parents, the intended parent or

parents are the parents of the child unless otherwise determined by the

Genetic testing, including genetic marker testing pursuant to section 11 of chapter 209C,

shall not be used (i) to challenge the parentage of an individual who is a parent under this

section; or (ii) to establish the parentage of an individual who is a

(i) An individual giving birth or an individual who is or claims to be a parent under this

section may commence a proceeding prior to or after the birth of a child to obtain a judgment (a)

Declaring that the intended parent or parents are the parent or parents of the resulting child

immediately upon birth of the child and ordering that parental rights and responsibilities vest

exclusively in the intended parent or parents immediately upon birth of the child; and (b)

Designating the contents of the birth certificate and directing the department of public health to

designate the intended parent or parents as the parent or parents of the resulting (ii) A

judgment issued before the birth of the resulting child does not take effect unless and until the

birth of the resulting Nothing in this subsection shall be construed to limit the court’s

authority to issue other orders under any other provision of the general (iii) Neither the

state, the department of public health nor the hospital where the child is or expected to be born

shall be a necessary party to a proceeding under this (iv) The burden of proof in

proceedings under this section shall be by a preponderance of the

On request of a party, the court may close a proceeding under this article to the general

All complaints, pleadings, papers or documents filed pursuant to this section, including

docket entries, shall not be available for inspection, unless a judge of probate and family court of

the county where such records are kept, for good cause shown, shall otherwise order or unless

requested by the child or the All such complaints, pleadings, papers or documents shall

In a proceeding under this section, the court shall issue a final judgment adjudicating

whether a person alleged or claiming to be a parent is the parent of a On request of a party

and consistent with law of this state other than this section, the court in a proceeding under this

section may order the name of the child If the final judgment is at variance with the

child’s birth certificate, the court shall order the department of public health to issue an amended

birth

SECTION Chapter 209C of the General Laws is hereby amended by inserting after

section 27 the following sections:

Section Parentage by Consent to Surrogacy Agreement

(a) This section shall apply to nonmarital and marital This section shall not

apply to the birth of a child conceived by sexual

(b) Venue for proceedings under sections 28A through 28Q is in the county of this

state in which: (i) the child resides or is born or expected to be born; (ii) a parent or intended

parent resides; (iii) an individual acting as a surrogate resides; or (iv) a proceeding has been

commenced for administration of the estate of an individual who is or may be a parent under this

(i) “Assisted reproduction”, a method of causing pregnancy other than sexual

intercourse and includes, but is not limited to, artificial insemination as well as intrauterine,

intracervical, or vaginal insemination; donation of gametes; donation of embryos; in vitro

fertilization and transfer of embryos; and intracytoplasmic sperm

(ii) “Intended parent”, an individual, whether married or unmarried, who manifests an

intent to be legally bound as a parent of a child resulting from assisted

(iii) “Genetic surrogate”, an individual who is at least 21 years of age, is not an

intended parent and who agrees to become pregnant through assisted reproduction using the

individual’s own gamete, under a genetic surrogacy agreement as provided in this

(iv) “Gestational surrogate”, an individual who is at least 21 years of age, is not an

intended parent and who agrees to become pregnant through assisted reproduction using gametes

that are not the individual’s own, under a gestational surrogacy agreement as provided in this

(v)“Surrogacy agreement”, an agreement between one or more intended parents and an

individual who is not an intended parent in which the person agrees to become pregnant through

assisted reproduction and which provides that each intended parent is a parent of a child

conceived under the Unless otherwise specified, surrogacy agreement refers to both a

gestational surrogacy agreement and a genetic surrogacy

Section 28B. Eligibility

To execute an agreement to act as a gestational or genetic surrogate, an individual shall:

(i) be at least 21 years of age; (ii) previously have given birth to at least one child; (iii) complete

a medical evaluation related to the surrogacy arrangement by a licensed medical doctor; (iv)

complete a mental health consultation by a licensed mental health professional; and (v) have

independent legal representation of the individual’s choice throughout the surrogacy agreement

regarding the terms of the surrogacy agreement and the potential legal consequences of the

agreement and that is paid for by the intended parent or

To execute a surrogacy agreement as an intended parent, whether or not genetically

related to the child, an individual shall: (i) be at least 21 years of age; (ii) complete a mental

health consultation by a licensed mental health professional; and (iii) have independent legal

representation of the intended parent’s choice throughout the surrogacy agreement regarding the

terms of the surrogacy agreement and the potential legal consequences of the

Section Process Requirements

A surrogacy agreement shall be executed in compliance with the following rules:

(a) At least 1 party shall be a resident of the Commonwealth or, if no party is a

resident of the Commonwealth, at least 1 medical evaluation or procedure or mental health

consultation under the agreement shall occur in this state, or the birth is anticipated to or does

occur in this

(b) An individual acting as a surrogate and each intended parent shall meet the

requirements of section

individual acting as surrogate shall be parties to the

(d) The agreement shall be in a record signed by each party listed in paragraph (c).

(e) The individual acting as a surrogate and each intended parent shall receive a copy

of the

(f) The signature of each party to the agreement shall be attested by a notary or

(g) The individual acting as surrogate and, if married, the spouse of the individual

acting as surrogate and the intended parent or parents shall have independent legal representation

throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the

potential legal consequences of the agreement paid for by the intended parent or parents, and

each counsel shall be identified in the surrogacy A single attorney for the individual

acting as surrogate and the individual’s spouse, if married, and a single attorney for the intended

parents is sufficient to meet this requirement, provided the representation otherwise conforms to

the Rules of Professional

(h) The intended parent or parents shall pay for independent legal representation for

the individual acting as surrogate and the individual’s spouse, if

(i) The agreement shall be executed before a medical procedure occurs related to

attempting to achieve a pregnancy in the individual acting as surrogate, other than the medical

evaluation and mental health consultation required by section

Section Agreement Content Requirements

A surrogacy agreement shall comply with the following requirements:

(a) An individual acting as surrogate agrees to attempt to become pregnant by means

of assisted

(b) Except as otherwise provided in sections 28J, 28N, and 28O, the individual acting

as surrogate and the surrogate’s spouse or former spouse, if any, have no claim to parentage of a

child conceived by assisted reproduction under the surrogacy

obligations imposed on the individual acting as surrogate by the surrogacy

(d) Except as otherwise provided in sections 28H, 28K, 28N, and 28O, the intended

parent or, if there are 2 intended parents, each one jointly and severally, immediately on birth of

the child shall be the exclusive parent or parents of the child, regardless of the number of

children born or gender or condition of each

(e) Except as otherwise provided in sections 28H, 28K, 28N, and 28O, the intended

parent or, if there are 2 intended parents, each parent jointly and severally, immediately on birth

of the child shall assume responsibility for the financial support of the child, regardless of the

number of children born or the gender or condition of each

(f) The intended parent or parents are liable, and the surrogacy agreement shall

include information providing that the intended parent or parents shall be responsible for paying,

for the surrogacy-related expenses of the individual acting as surrogate, including expenses for

health care provided for assisted reproduction, prenatal care, labor and delivery and for the

medical expenses of the resulting child that are not paid by This subsection shall not

be construed to supplant any health insurance coverage that is otherwise available to the

individual acting as surrogate or an intended parent for the coverage of health care This

subsection shall not change the health insurance coverage of the individual acting as surrogate or

the responsibility of the insurance company to pay benefits under a policy that covers an

individual acting as

(g) The surrogacy agreement shall not infringe on the rights of the individual acting

as surrogate to make all health and welfare decisions regarding the person, the person’s body and

the person’s pregnancy throughout the duration of the surrogacy arrangement, including during

attempts to become pregnant, pregnancy, delivery and post-partum. The agreement shall not

infringe upon the right of the individual acting as surrogate to autonomy in medical decision

making by, including, but not limited to, requiring the individual acting as surrogate to undergo a

scheduled, nonmedically indicated caesarean section or to undergo multiple embryo

Except as otherwise provided by law, any written or oral agreement purporting to waive or limit

the rights described in this subsection are void as against public

(h) The surrogacy agreement shall include information about each party’s right under

this article to terminate the surrogacy

(i) A right created under a surrogacy agreement is not assignable and there is no

third- party beneficiary of the agreement other than the

(j) A surrogacy agreement may provide for (i) payment of consideration and

reasonable expenses and (ii) reimbursement of specific expenses if the agreement is terminated

under this

Section Effect of subsequent change of marital status on agreement

Unless a surrogacy agreement expressly provides otherwise:

(a) The marriage of an individual acting as surrogate after the surrogacy agreement is

signed by all parties shall not affect the validity of the agreement, the spouse’s consent to the

surrogacy agreement is not required, and the surrogate’s spouse is not a presumed parent of a

child conceived by assisted reproduction under the surrogacy

(b) The divorce or annulment of the individual acting as surrogate after the surrogacy

agreement is signed by all parties shall not affect the validity of the surrogacy

shall not affect the validity of a surrogacy agreement, the consent of the spouse of the intended

parent is not required, and the spouse of the intended parent is not, based on the surrogacy

agreement, a parent of a child conceived by assisted reproduction under the surrogacy

(d) The divorce or annulment of an intended parent after the surrogacy agreement is

signed by all parties shall not affect the validity of the surrogacy agreement and the intended

parents are the parents of the

Section Exclusive Continuing Jurisdiction

During the period after the execution of a surrogacy agreement until the occurrence of the

earlier of the date of termination of a surrogacy agreement pursuant to the agreement terms or 90

days after the birth of a child conceived by assisted reproduction under the surrogacy agreement,

a court of this state conducting a proceeding under this chapter has exclusive, continuing

jurisdiction over all matters arising out of the This section does not give the court

jurisdiction over a child custody or child support proceeding if jurisdiction is not otherwise

authorized by the law of this state other than this

Section Termination of Gestational Surrogacy Agreement

(a) A party to a gestational surrogacy agreement may terminate the agreement, at any

time before an embryo transfer, by giving notice of termination in a record to all other If

an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any

time before a subsequent embryo

(b) Unless a gestational surrogacy agreement provides otherwise, on termination of the

agreement under subsection (a), the parties are released from the agreement, except that each

intended parent remains responsible for expenses that are reimbursable under the agreement and

incurred by the individual acting as gestational surrogate through the date of termination of the

nor the surrogate’s spouse or former spouse of the person acting as surrogate, if any, is liable to

the intended parent or parents for a penalty or liquidated damages, for terminating a gestational

surrogacy agreement under this

Section Parentage under gestational surrogacy agreement

(a) Except as otherwise provided in subsection (c) or section 28I(b) or 28K, on birth of a

child conceived by assisted reproduction under a gestational surrogacy agreement, each intended

parent is, by operation of law, a parent of the Parental rights shall vest exclusively in the

intended parent or parents immediately upon birth of the resulting

(b) Except as otherwise provided in subsection (c) or section 28K, neither an individual

acting as gestational surrogate nor the surrogate’s spouse or former spouse, if any, is a parent of

gestational surrogate, the court shall, upon finding sufficient evidence, order genetic testing of

the If the child is a genetic child of the individual who agreed to be a gestational surrogate,

parentage shall be determined in accordance with sections 1 through 27 of this

(d) Except as otherwise provided in subsection (c) or subsection (b) of section 28I or

section 28J, if, due to a clinical or laboratory error, a child conceived by assisted reproduction

under a gestational surrogacy agreement is not genetically related to an intended parent or a

donor who donated to the intended parent or parents, each intended parent, and not the individual

acting as gestational surrogate and the surrogate’s spouse or former spouse, if any, is a parent of

Section Parentage of deceased intended parent under gestational surrogacy

agreement

(a) Section 28H applies to an intended parent even if the intended parent died during the

period between the transfer of a gamete or embryo and the birth of the

(b) Except as otherwise provided in section 28K, an intended parent is not a parent of a

child conceived by assisted reproduction under a gestational surrogacy agreement if the intended

parent dies before the transfer of a gamete or embryo unless: (i) the surrogacy agreement

provides otherwise; and (ii) the transfer of a gamete or embryo occurs not later than 36 months

after the death of the intended parent or birth of the child occurs not later than 45 months after

the death of the intended

Section Judgment of parentage under gestational surrogacy agreement

(a) Except as otherwise provided in subsection (c) of section 28H or section 28K, before,

on or after the birth of a child conceived by assisted reproduction under a gestational surrogacy

agreement, any party to the agreement may commence a proceeding for a judgment of parentage:

(1) declaring that each intended parent is a parent of the child and ordering that parental

rights and duties vest immediately on the birth of the child exclusively in each intended parent;

(2) declaring that the individual acting as gestational surrogate and the surrogate’s spouse

or former spouse, if any, are not the parents of the child;

(3) designating the content of the birth record in accordance with chapter 46 and directing

the department of public health to designate each intended parent as a parent of the child;

(4) to protect the privacy of the child and the parties, declaring that the court record and

related pleadings shall be impounded in accordance with this section;

(5) if necessary, that the child be surrendered to the intended parent or parents;

(6) if necessary, that the hospital where the child will be or has been born, treat the

intended parent(s) as the sole legal parent(s) for the purpose of naming and medical decisions;

(7) for other relief the court determines necessary and

(b) The court may issue an order or judgment under subsection (a) before and/or after the

birth of the child, as requested by the

hospital where the child is to be born or is born is a necessary party to a proceeding under

subsection (a). Any party to the surrogacy agreement not joining in the action shall be provided

with notice of the

(d) A complaint under this section shall include: (i) sworn affidavits of the parties to the

surrogacy agreement and the assisted reproductive physician demonstrating the intent of the

parties for the intended parent or parents to be the sole legal parent or parents of the child and

that the child was born pursuant to assisted reproduction and (ii) certifications from the attorneys

representing the intended parent(s) and the individual acting as gestational surrogate that the

requirements of sections 28B, 28C, and 28D have been A complaint supported by such

affidavits and certifications shall be sufficient to establish parentage, and a hearing shall not be

required unless the court requires additional information which cannot reasonably be ascertained

without a

(e) Upon a finding that the complaint satisfies subsection (d), a court shall expeditiously,

but no later than sixty (60) days from the docketing of the complaint, issue a judgment of

Such parentage judgments issued under this section shall conclusively establish or

affirm, where applicable, the parent-child

(f) In the event the certification required by subsection (d) of this section cannot be made

because of a technical or nonmaterial deviation from the requirements of sections 28B, 28C, and

28D of this chapter, the court may nevertheless enforce the agreement and issue a judgment of

parentage if the court determines the agreement is in substantial compliance with the

requirements of said

(g) On request of a party, the court may close a proceeding under this section to the

general All complaints, pleadings, papers or documents filed pursuant to this section,

including docket entries, shall not be available for inspection, unless a judge of probate and

family court of the county where such records are kept, for good cause shown, shall otherwise

order or unless requested by the child or the All such complaints, pleadings, papers or

documents shall be

Section Effect of gestational surrogacy agreement

(a) A gestational surrogacy agreement that substantially complies with sections 28B,

28C, and 28D is

(b) If a child was conceived by assisted reproduction under a gestational surrogacy

agreement that does not substantially comply with sections 28B, 28C, and 28D, the court shall

determine the rights and duties of the parties to the agreement consistent with the intent of the

parties at the time of execution of the Each party to the agreement and any individual

who at the time of the execution of the agreement was a spouse of a party to the agreement has

standing to maintain a proceeding to adjudicate an issue related to the enforcement of the

or (e) of this section, if the agreement is breached by the individual acting as gestational

surrogate or 1 or more intended parents, the non-breaching party is entitled to the remedies

available at law or in

(d) Specific performance is not a remedy available for breach by an individual acting as

gestational surrogate of a provision in the agreement that the individual acting as gestational

surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical

(e) Except as otherwise provided in subsection (d), if an intended parent is determined to

be a parent of the child, specific performance is a remedy available for:

(i) breach of the agreement by an individual acting as gestational surrogate which

prevents the intended parent from exercising immediately on birth of the child the full rights of

parentage; or

(ii) breach by the intended parent which prevents the intended parent’s acceptance,

immediately on birth of the child conceived by assisted reproduction under the agreement, of the

duties of

Section Requirements to validate genetic surrogacy agreement

(a) Except as otherwise provided in section 28O, a genetic surrogacy agreement shall be

validated by a probate and family A proceeding to validate the agreement shall be

commenced before assisted reproduction related to the surrogacy

(b) The court shall issue an order validating a genetic surrogacy agreement if the court

finds that:

(i) sections 28B, 28C, and 28D of this chapter are satisfied; and

(ii) all parties entered into the agreement voluntarily and understand its

file notice of the termination with the court and On receipt of the notice, the court shall

vacate any order issued under subsection (b).

Section Termination of genetic surrogacy agreement

(a) A party to a genetic surrogacy agreement may terminate the agreement as follows: An

intended parent or individual acting as genetic surrogate who is a party to the agreement may

terminate the agreement at any time before a gamete or embryo transfer by giving notice of

termination in a record to all other If a gamete or embryo transfer does not result in a

pregnancy, a party may terminate the agreement at any time before a subsequent gamete or

embryo The notice of termination shall be attested by a notary or witnessed.

(b) An intended parent or individual acting as genetic surrogate who terminates the

agreement after the court issues an order validating the agreement under sections 28L or 28O of

this chapter, but before the individual acting as genetic surrogate becomes pregnant by means of

assisted reproduction, shall also file notice of the termination with such

embryo transfer has resulted in a

(d) On termination of the genetic surrogacy agreement, the parties are released from all

obligations under the agreement except that any intended parent remains responsible for all

expenses incurred by the individual acting as genetic surrogate through the date of termination

which are reimbursable under the Unless the agreement provides otherwise, the

individual acting as surrogate is not entitled to any non-expense related compensation paid for

acting as a

(e) Except in a case involving fraud, neither an individual acting as genetic surrogate nor

the surrogate’s spouse or former spouse, if any, is liable to the intended parent or parents for a

penalty or liquidated damages, for terminating a genetic surrogacy agreement under this

Section Parentage under validated genetic surrogacy agreement

(a) On birth of a child conceived by assisted reproduction under a genetic surrogacy

agreement validated under section 28L or 28O of this chapter, each intended parent is, by

operation of law, a parent of the resulting

(b) On birth of a child conceived by assisted reproduction under a genetic surrogacy

agreement validated under section 28L or 28O of this chapter, the intended parent or parents

shall file a notice with the court that validated the agreement that a child has been born as a result

of assisted Upon receiving such notice, the court shall immediately, or as soon as

practicable, issue an order without notice and hearing:

(i) declaring that any intended parent or parents is a parent of a child conceived by

assisted reproduction under the agreement and ordering that parental rights and duties vest

exclusively in any intended parent;

(ii) declaring that the individual acting as genetic surrogate and the surrogate’s spouse or

former spouse, if any, are not parents of the child;

(iii) designating the contents of the birth certificate in accordance with chapter 46 and

directing the department of public health to designate any intended parent as a parent of the

child;

(iv) to protect the privacy of the child and the parties, declaring that the court record is

not open to inspection in accordance with section 28J;

(v) if necessary, that the child be surrendered to the intended parent or parents; and

(vi) for other relief the court determines necessary and

laboratory error, a child conceived by assisted reproduction under a genetic surrogacy agreement

is not genetically related to an intended parent or a donor who donated to the intended parent or

parents, each intended parent, and not the individual acting as genetic surrogate and the

surrogate’s spouse or former spouse, if any, is a parent of the

(d) If a child born to an individual acting as genetic surrogate is alleged not to have been

conceived by assisted reproduction, the court may, upon finding sufficient evidence, order

genetic testing to determine the genetic parentage of the If the child was not conceived by

assisted reproduction and the second source of genetic material is the spouse of the individual

acting as genetic surrogate, then the surrogate and the spouse shall be found to be the parents of

the If the second genetic source is an individual other than the spouse of the surrogate,

then parentage shall be determined as provided in sections 1 through 27 of this

However, if the second genetic source is an intended parent, the court, in its sole discretion, may

determine parentage under sections 1 through 27 of this Unless the genetic surrogacy

agreement provides otherwise, the individual acting as genetic surrogate is not entitled to any

non-expense related compensation paid for acting as a surrogate if the child was not conceived

by assisted

(e) If an intended parent fails to file the notice required under subsection (b) of this

section, the individual acting as genetic surrogate may file with the court, not later than 60 days

after the birth of a child conceived by assisted reproduction under the agreement, notice that the

child has been born to the individual acting as genetic On proof of a court order issued

under sections 28L or 28O of this chapter validating the agreement, the court shall order that

each intended parent is a parent of the

Section Effect of nonvalidated genetic surrogacy agreement

(a) A genetic surrogacy agreement, whether or not in a record, that is not validated under

section 28L is enforceable only to the extent provided in this section and section

(b) If all parties agree, a court may validate a genetic surrogacy agreement after assisted

reproduction has occurred but before the birth of a child conceived by assisted reproduction

under the agreement if the court finds that:

(i) sections 28B, 28C, or 28D of this chapter are satisfied; and

(ii) all parties entered into the agreement voluntarily and understand its

is not validated under section 28L or subsection (b) of this section is born, the individual acting

as genetic surrogate is not automatically a parent and the court shall adjudicate parentage of the

child based on the best interest of the child, taking into account the factors in subsection (a) of

section 26 and the intent of the parties at the time of the execution of the

(d) The parties to a genetic surrogacy agreement have standing to maintain a proceeding

to adjudicate parentage under this

Section Parentage of deceased intended parent under genetic surrogacy agreement

(a) Except as otherwise provided in section 28N or 28O on birth of a child conceived by

assisted reproduction under a genetic surrogacy agreement, each intended parent is, by operation

of law, a parent of the child, notwithstanding the death of an intended parent during the period

between the transfer of a gamete or embryo and the birth of the

(b) Except as otherwise provided in section 28N or 28O, an intended parent is not a

parent of a child conceived by assisted reproduction under a genetic surrogacy agreement if the

intended parent dies before the transfer of a gamete or embryo unless: (i) the agreement provides

otherwise; and (ii) the transfer of the gamete or embryo occurs not later than 36 months after the

death of the intended parent, or birth of the child occurs not later than 45 months after the death

of the intended

Section Breach of genetic surrogacy agreement

(a) Subject to section 28M(d), if a genetic surrogacy agreement is breached by an

individual acting as a genetic surrogate or 1 or more intended parents, the non-breaching party is

entitled to the remedies available at law or in

(b) Specific performance is not a remedy available for breach by an individual acting as

genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement

that the surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical

available for: (i) breach of a validated genetic surrogacy agreement by an individual acting as

genetic surrogate of a requirement which prevents an intended parent from exercising,

immediately upon birth of the child, the full rights of parentage; or (ii) breach by an intended

parent which prevents the intended parent’s acceptance, immediately upon birth of the child, of
the duties of

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