Mass. Gov. Maura Healey signs bill stripping 'mother,' 'father' from state parentage law
A new Massachusetts law overhauls the state’s parentage laws to use gender-neutral language in an attempt to “reflect the realities of modern families.”
Last week, Massachusetts’ Democrat Gov. Maura Healey signed House Bill 4970 into law. The bill, passed unanimously by both houses of the Massachusetts General Court, removes gender-specific language from the state’s parentage laws in an effort to accommodate children born to same-sex couples, unmarried or trans-identified parents, and children born as a result of procedures such as in-vitro fertilization or surrogacy. It is slated to go into effect on Jan. 1, 2025.
The phrase “a man and woman” is replaced with “persons,” and the law is amended so that the word “their” is used instead of “his.” The law will also scrub references to the term “mother,” instead using the phrase “person who gave birth to the child.” The term “father” also finds itself on the chopping block. The words “other parent” are now used in its place.
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The new law also does away with the phrase “paternity of a child born out of wedlock,” replacing it with “parentage of a nonmarital child based on alleged genetic parentage.” When it comes to sperm donors, the law declares that “a donor shall not be a parent of a child conceived through assisted reproduction based on the donor’s genetic connection to such child.”
After signing the bill into law, Healey said in a statement, “Our laws need to reflect the realities of modern families and the loving environments where children grow and flourish.”
She added, “This moment is a victory for all families in Massachusetts who deserve to be treated with dignity and to have their rights recognized and protected under the law. We are grateful to our partners in the Legislature for their leadership in advancing this important legislation, and thankful to all of the advocates who fought for years to make this a reality in Massachusetts.”
The law states in part: “A child shall have the same rights and protections under law to parentage without regard to the marital status, gender, gender identity or sexual orientation of their parents or the circumstances of the child’s birth, including whether the child was born as a result of assisted reproduction or surrogacy.” It also replaces all references to “paternity” within state law with the word “parentage.”
The provision of the law outlining the requirements for surrogacy agreements declares, “The intended parent or parents shall pay for all surrogacy-related expenses of the surrogate, including expenses for healthcare provided for assisted reproduction, prenatal care, labor and delivery and the medical expenses of all resulting children, that are not covered by insurance; provided, however, that this subsection shall not be construed to supplant any health insurance coverage that is otherwise available to the surrogate or an intended parent for the coverage of healthcare costs.”
The phrase “intended parent” is used frequently throughout the legislation and is defined as “a person, whether married or unmarried, who manifests an intent to be legally bound as a parent of a child resulting from assisted reproduction.” In addition to embracing the concept of an “intended parent,” the law puts a high emphasis on “parentage,” identified as the “legal relationship between a child and the parent of a child.”
“The court may adjudicate a child to have more than 2 parents if the court finds that it is in the best interest of the child,” the legislation states.
While the bill received praise from elected officials on both sides of the aisle, as well as LGBT advocates in Massachusetts, prominent conservatives have expressed strong opposition to the measure.
In an X post from July 31, Riley Gaines, a former athlete who has emerged on the national stage as an outspoken opponent of allowing trans-identified males to compete in women’s sports, reacted to the bill’s passage in the Democrat-controlled Massachusetts Senate by declaring: “It’s always been about corrupting our language, destroying the family, then taking away our rights & freedoms.”
In a separate post, Gaines called for primary challenges to all the Republican members of the Massachusetts Senate who voted for the bill. She slammed them as “weak-kneed, spineless, morally bankrupt cowards.”
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
