Mass. Gen. Laws ch. 209C § 1A

Current through Chapter 205 of the 2024 Legislative Session
Section 209C:1A - [Effective 1/1/2025] Definitions

For the purposes of this chapter the following terms shall have the following meanings, unless the context clearly requires otherwise:

"Acknowledged parent", a person who has established a parent-child relationship through a voluntary acknowledgement of parentage.

"Adjudicated parent", a person who has been adjudicated to be a parent of a child by a court of competent jurisdiction.

"Alleged genetic parent", a person who is alleged to be or alleges to be a genetic parent of a child whose parentage has not been adjudicated; provided, however, that this term shall include a putative parent, an alleged genetic father and an alleged genetic mother; and provided further that this term shall not include a presumed parent under section 6, an individual whose parental rights have been terminated or declared not to exist or a donor as described in section 27.

"Assisted reproduction", a method of causing pregnancy other than sexual intercourse including, but not limited to, artificial insemination, intrauterine, intracervical or vaginal insemination, donation of gametes or embryos, in vitro fertilization and transfer of embryos and intracytoplasmic sperm injection.

"Donor", a person who provides a gamete or embryo intended for use in assisted reproduction or gestation, whether or not for consideration; provided, however, that this term shall not include a person who consents to assisted reproduction with the intent to be a parent of the resulting child.

"Genetic surrogacy agreement", a surrogacy agreement involving a genetic surrogate.

"Genetic surrogate", a person who is not an intended parent and agrees to become pregnant through assisted reproduction using their own gamete under a genetic surrogacy agreement as provided in this chapter.

"Gestational surrogacy agreement", a surrogacy agreement involving a gestational surrogate.

"Gestational surrogate", a person who is not an intended parent and agrees to become pregnant through assisted reproduction using gametes that are not their own under a gestational surrogacy agreement as provided in this chapter.

"Intended parent", a person, whether married or unmarried, who manifests an intent to be legally bound as a parent of a child resulting from assisted reproduction.

"Nonmarital child", a child born to persons who are not married to each other.

"Parent", a person who has established parentage of a child through:

(i) birth except as otherwise provided in sections 28 to 28P, inclusive;
(ii) presumption pursuant to section 6;
(iii) adjudication by a court of competent jurisdiction;
(iv) adoption pursuant to chapter 210;
(v) acknowledgement pursuant to section 11;
(vi) de facto parentage pursuant to section 25;
(vii) assisted reproduction pursuant to section 27; or
(viii) surrogacy pursuant to sections 28 to 28P, inclusive.

"Parentage" or "parent-child relationship", the legal relationship between a child and a parent of the child.

"Presumed parent", a person who is presumed to be a parent of a child pursuant to section 6, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is made under section 11 or a court adjudicates the person to be a parent.

"Surrogacy agreement", an agreement between 1 or more intended parents and a person who is not an intended parent in which that person agrees to become pregnant through assisted reproduction and which provides that each intended parent is a parent of a child conceived under the agreement.

"Surrogate", a genetic surrogate or gestational surrogate.

Mass. Gen. Laws ch. 209C, § 209C:1A

Added by Acts 2024, c. 166,§ 10, eff. 1/1/2025.