Mass. Gen. Laws ch. 209C, sec. 28I — MA Code / Part II / Title III / Chapter 209C / Section 28I
Judgment of parentage proceeding; order or judgment; parties; complaint; closed proceedings
Status: in_force

Section 28I. (a) Except as otherwise provided in subsection (c) of section 28G or section 28J, 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: (i) declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately upon the birth of the child exclusively in each intended parent; (ii) declaring that the gestational surrogate and the surrogate's spouse or former spouse, if any, are not the parents of the child; (iii) 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; (iv) to protect the privacy of the child and the parties, declaring that the court record and related pleadings be impounded in accordance with this section; (v) if necessary, ordering that the child be surrendered to the intended parent or parents; (vi) if necessary, ordering that the hospital where the child will be or has been born, treat the intended parent or parents as the sole legal parent or parents for the purpose of naming and medical decisions; and (vii) for other relief the court determines necessary and proper. (b) The court may issue an order or judgment under subsection (a) before or after the birth of the child, as requested by the parties. (c) The commonwealth, the department of public health, the town or city clerk and the hospital where the child is born or is intended to be born shall not be necessary parties to a proceeding under subsection (a). Any party to the surrogacy agreement not joining in the action shall be provided with notice of the proceeding. (d) A complaint filed pursuant to this section shall include: (i) a copy of the executed surrogacy agreement; (ii) a sworn affidavit of the assisted reproductive physician confirming that the child was conceived pursuant to assisted reproduction; and (iii) certifications from the attorneys representing the intended parent or parents and the gestational surrogate that the requirements of sections 28A, 28B and 28C have been met. A complaint supported by such affidavit 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 hearing. (e) Upon a finding by a preponderance of the evidence that the complaint satisfies subsection (d), a court shall expeditiously, but not later than 60 days from the docketing of the complaint, issue a judgment of parentage. Parentage judgments issued under this section shall conclusively establish or affirm, where applicable, the parent-child relationship for all purposes. Custody, parenting time, visitation and child support for a nonmarital child shall be determined in accordance with applicable laws, rules, regulations, orders and guidelines. (f) In the event the certification required by subsection (d) cannot be made because of a technical or nonmaterial deviation from the requirements of sections 28A, 28B and 28C, the court may enforce the agreement and issue a judgment of parentage if the court determines the agreement is in substantial compliance with the requirements of said sections. (g) At the request of a party, the court shall close a proceeding under this section to the general public. All complaints, pleadings, papers or documents filed pursuant to this section, and docket entries, shall not be available for inspection unless the court where such records are kept, for good cause shown, otherwise orders or unless requested by the child or the parties. All such complaints, pleadings, papers or documents shall be segregated.

Section 28I. (a) Except as otherwise provided in subsection (c) of section 28G or section 28J, 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:

(i) declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately upon the birth of the child exclusively in each intended parent;

(ii) declaring that the gestational surrogate and the surrogate's spouse or former spouse, if any, are not the parents of the child;

(iii) 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;

(iv) to protect the privacy of the child and the parties, declaring that the court record and related pleadings be impounded in accordance with this section;

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

(vi) if necessary, ordering that the hospital where the child will be or has been born, treat the intended parent or parents as the sole legal parent or parents for the purpose of naming and medical decisions; and

(vii) for other relief the court determines necessary and proper.

(b) The court may issue an order or judgment under subsection (a) before or after the birth of the child, as requested by the parties.

(c) The commonwealth, the department of public health, the town or city clerk and the hospital where the child is born or is intended to be born shall not be necessary parties to a proceeding under subsection (a). Any party to the surrogacy agreement not joining in the action shall be provided with notice of the proceeding.

(d) A complaint filed pursuant to this section shall include: (i) a copy of the executed surrogacy agreement; (ii) a sworn affidavit of the assisted reproductive physician confirming that the child was conceived pursuant to assisted reproduction; and (iii) certifications from the attorneys representing the intended parent or parents and the gestational surrogate that the requirements of sections 28A, 28B and 28C have been met. A complaint supported by such affidavit 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 hearing.

(e) Upon a finding by a preponderance of the evidence that the complaint satisfies subsection (d), a court shall expeditiously, but not later than 60 days from the docketing of the complaint, issue a judgment of parentage. Parentage judgments issued under this section shall conclusively establish or affirm, where applicable, the parent-child relationship for all purposes. Custody, parenting time, visitation and child support for a nonmarital child shall be determined in accordance with applicable laws, rules, regulations, orders and guidelines.

(f) In the event the certification required by subsection (d) cannot be made because of a technical or nonmaterial deviation from the requirements of sections 28A, 28B and 28C, the court may enforce the agreement and issue a judgment of parentage if the court determines the agreement is in substantial compliance with the requirements of said sections.

(g) At the request of a party, the court shall close a proceeding under this section to the general public. All complaints, pleadings, papers or documents filed pursuant to this section, and docket entries, shall not be available for inspection unless the court where such records are kept, for good cause shown, otherwise orders or unless requested by the child or the parties. All such complaints, pleadings, papers or documents shall be segregated.