Amendment ID: S2906-2

Amendment 2

Parentage Clarification

Mr. Cyr moves that the proposed new text be amended by inserting after section 3, the following the section:-

“SECTION 3A. Chapter 209C of the General Laws is hereby amended by striking out the title, as so appearing, and inserting in place thereof the following title:- NONMARITAL CHILDREN AND PARENTAGE OF CHILDREN.”; and

in section 64, by striking out, in line 354, the word “respondent” and inserting in place thereof the following words:- “defendant parent”;

in said section 64, by inserting after the word “defendant”, in line 356, the following word:- “parent”; and

in said section 64, by striking out, in lines 359 and 360, each time they appear, the words “or guardian”; and

in said section 64, by striking out, in line 368, the words “de facto”  and inserting in place thereof the following word:- “legal”; and

in said section 64, by striking out, in line 436, the words “will be born” and inserting in place thereof the following words:- “is reasonably expected to be born”; and

in said section 64, by striking out, in line 439, the word “deemed”; and

in said section 64, by striking out, in line 440, the word “solely”; and

in said section 64, by striking out, in line 462, the words “or (iii) t” and inserting in place thereof the following words:- “and (iii)”; and

in said section 64, in proposed section 27 of chapter 209C of the General Laws, by adding the following subsection:-

“(n) A spouse who has commenced an action for divorce, or a spouse who has been served with a complaint for divorce, may begin assisted reproduction pursuant to this section; provided, however, that the spouse that does not begin assisted reproduction pursuant to this section shall not be a parent of any child born as a result of the assisted reproduction unless both parties consent in writing to be parents of the child after commencement of the divorce action. A spouse who proceeds with assisted reproduction pursuant to this section shall not utilize gametes of their spouse unless their spouse consents in writing to the use of their gametes for assisted reproduction by the spouse after commencement of a divorce action.”; and

in said section 64, by striking out, in line 522, the words “is expected to be born” and inserting in place thereof the following words:- “pursuant to a surrogacy agreement is expected to be born”; and

in said section 64, by striking out, in line 590, the words “and welfare”; and

in said section 64, in proposed chapter 209C of the General Laws, by striking out section 28D and inserting in place thereof the following section:-

“Section 28D. Unless a surrogacy agreement expressly provides otherwise: (i) the validity of a surrogacy agreement shall not be affected by the marriage of the surrogate or of an intended parent after the surrogacy agreement has been signed by all parties and in such instances: (A) the surrogate’s spouse’s or intended parent’s spouse’s consent to the surrogacy agreement shall not be required; and (B) the surrogate’s spouse or intended parent’s spouse shall not be a presumed parent of a child conceived by assisted reproduction under the surrogacy agreement; or (ii) the divorce or annulment of the surrogate or of an intended parent after the surrogacy agreement has been signed by all parties shall not affect the validity of the surrogacy agreement.”; and

in said section 64, by striking out, in line 646, the words “(c) or subsection (b) of” and inserting in place thereof the following words:- “(c),”; and

in said section 64, by striking out, in line 725, the figure “(c)” and inserting in place thereof the following figure:- “(d)”; and

in section 65, by striking out, in line 846, the words “The department of the trial court” and inserting in place thereof the following words:- “The trial court of the commonwealth”.