Mass. Gen. Laws ch. 209C, sec. 28Q — MA Code / Part II / Title III / Chapter 209C / Section 28Q
Gender-affirming health care services of children; law of jurisdiction outside of commonwealth; custody, parenting time and visitation; abuse, neglect or maltreatment; consideration of the likely disruption or cessation of gender-affirming health care services in the alteration of custody, parenting time or visitation
Status: in_force

[ Text of section added by 2025, 16, Sec. 23 effective November 5, 2025.] Section 28Q. (a) A law of a jurisdiction outside the commonwealth that authorizes a child to be removed from the care or custody of a parent or guardian based on the parent or guardian allowing their child to receive gender-affirming health care services, as defined in section 11 I 1/2 of chapter 12, or that bans the provision of gender-affirming health care services shall not provide a basis to alter custody, parenting time or visitation or be used to make a finding of abuse, neglect or maltreatment in a case pending in a court in the commonwealth, unless the conduct of the parent or guardian would constitute abuse, neglect or maltreatment under the laws of the commonwealth. (b) No court in the commonwealth shall admit or consider a finding of abuse, neglect or maltreatment based on a parent or guardian allowing their child to receive or seek gender-affirming health care services, as defined in section 11 I 1/2 of chapter 12, or a finding that a parent or guardian is criminally, civilly or otherwise liable for violating another state's law that bans the provision of gender-affirming health care services as evidence in any proceeding in which such parent or guardian and any of such parent's or guardian's children are parties, unless the conduct of such parent or guardian would constitute abuse, neglect or maltreatment under the laws of the commonwealth. (c) Notwithstanding any provision of this chapter to the contrary, when deciding whether to alter custody, parenting time or visitation, a court in the commonwealth shall consider the likely disruption or cessation of gender-affirming health care services, as defined in section 11 I 1/2 of chapter 12, as a result of a law of a jurisdiction outside the commonwealth that prohibits gender-affirming health care services or authorizes a child to be removed from the care or custody of a parent or guardian based on the parent or guardian allowing their child to receive gender-affirming care health care services.

[ Text of section added by 2025, 16, Sec. 23 effective November 5, 2025.]

Section 28Q. (a) A law of a jurisdiction outside the commonwealth that authorizes a child to be removed from the care or custody of a parent or guardian based on the parent or guardian allowing their child to receive gender-affirming health care services, as defined in section 11 I 1/2 of chapter 12, or that bans the provision of gender-affirming health care services shall not provide a basis to alter custody, parenting time or visitation or be used to make a finding of abuse, neglect or maltreatment in a case pending in a court in the commonwealth, unless the conduct of the parent or guardian would constitute abuse, neglect or maltreatment under the laws of the commonwealth.

(b) No court in the commonwealth shall admit or consider a finding of abuse, neglect or maltreatment based on a parent or guardian allowing their child to receive or seek gender-affirming health care services, as defined in section 11 I 1/2 of chapter 12, or a finding that a parent or guardian is criminally, civilly or otherwise liable for violating another state's law that bans the provision of gender-affirming health care services as evidence in any proceeding in which such parent or guardian and any of such parent's or guardian's children are parties, unless the conduct of such parent or guardian would constitute abuse, neglect or maltreatment under the laws of the commonwealth.

(c) Notwithstanding any provision of this chapter to the contrary, when deciding whether to alter custody, parenting time or visitation, a court in the commonwealth shall consider the likely disruption or cessation of gender-affirming health care services, as defined in section 11 I 1/2 of chapter 12, as a result of a law of a jurisdiction outside the commonwealth that prohibits gender-affirming health care services or authorizes a child to be removed from the care or custody of a parent or guardian based on the parent or guardian allowing their child to receive gender-affirming care health care services.