Section 6: Presumption of paternity; mandatory joinder
[ Introductory paragraph to subsection (a) effective until January 1, 2025. For text effective January 1, 2025, see below.]
Section 6. (a) In all actions under this chapter a man is presumed to be the father of a child and must be joined as a party if:
[ Introductory paragraph to subsection (a) as amended by 2024, 166, Sec. 25 effective January 1, 2025. See 2024, 166, Sec. 67. For text effective until January 1, 2025, see above.]
(a) A person is presumed to be the parent of a child and shall be joined as a party in all actions under this chapter if:
[ Subdivision (1) of subsection (a) effective until January 1, 2025. For text effective January 1, 2025, see below.]
(1) he is or has been married to the mother and the child was born during the marriage, or within three hundred days after the marriage was terminated by death, annulment or divorce; or
[ Subdivision (1) of subsection (a) as amended by 2024, 166, Secs. 26 and 27 effective January 1, 2025. See 2024, 166, Sec. 67. For text effective until January 1, 2025, see above.]
(1) the person is or has been married to the person who gave birth to the child and the child was born during the marriage, or within three hundred days after the marriage was terminated by death, annulment or divorce; or
[ Subdivision (2) of subsection (a) effective until January 1, 2025. For text effective January 1, 2025, see below.]
(2) before the child's birth, he married or attempted to marry the mother by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and the child was born during the attempted marriage or within three hundred days after its termination; or
[ Subdivision (2) of subsection (a) as amended by 2024, 166, Secs. 26 and 27 effective January 1, 2025. See 2024, 166, Sec. 67. For text effective until January 1, 2025, see above.]
(2) before the child's birth, the person married or attempted to marry the person who gave birth to the child by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and the child was born during the attempted marriage or within three hundred days after its termination; or
[ Subdivision (3) of subsection (a) effective until January 1, 2025. For text effective January 1, 2025, see below.]
(3) after the child's birth, he married or attempted to marry the mother by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and
[ Subdivision (3) of subsection (a) as amended by 2024, 166, Secs. 26 and 27 effective January 1, 2025. See 2024, 166, Sec. 67. For text effective until January 1, 2025, see above.]
(3) after the child's birth, the person married or attempted to marry the person who gave birth to the child by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and
[ Clause (i) of subdivision (3) of subsection (a) effective until January 1, 2025. For text effective January 1, 2025, see below.]
(i) he agreed to support the child under a written voluntary promise, or
[ Clause (i) of subdivision (3) of subsection (a) as amended by 2024, 166, Sec. 26 effective January 1, 2025. See 2024, 166, Sec. 67. For text effective until January 1, 2025, see above.]
(i) the person agreed to support the child under a written voluntary promise, or
[ Clause (ii) of subdivision (3) of subsection (a) effective until January 1, 2025. For text effective January 1, 2025, see below.]
(ii) he has engaged in any other conduct which can be construed as an acknowledgment of paternity; or
[ Clause (ii) of subdivision (3) of subsection (a) as amended by 2024, 166, Secs. 26 and 28 effective January 1, 2025. See 2024, 166, Sec. 67. For text effective until January 1, 2025, see above.]
(ii) the person has engaged in any other conduct which can be construed as an acknowledgment of parentage; or
[ Subdivision (4) of subsection (a) effective until January 1, 2025. For text effective January 1, 2025, see below.]
(4) while the child is under the age of majority, he, jointly with the mother, received the child into their home and openly held out the child as their child; or
[ Subdivision (4) of subsection (a) as amended by 2024, 166, Secs. 26 and 27 effective January 1, 2025. See 2024, 166, Sec. 67. For text effective until January 1, 2025, see above.]
(4) while the child is under the age of majority, the person, jointly with the person who gave birth to the child, received the child into their home and openly held out the child as their child; or
[ Subdivision (5) of subsection (a) effective until January 1, 2025. For text effective January 1, 2025, see below.]
(5) he has acknowledged paternity in a parental responsibility claim as provided in section four A of chapter two hundred and ten and the mother, having received actual notice thereof, has failed within a reasonable time, to object thereto; or
[ Subdivision (5) of subsection (a) as amended by 2024, 166, Sec. 29 effective January 1, 2025. See 2024, 166, Sec. 67. For text effective until January 1, 2025, see above.]
(5) the person has acknowledged parentage in a parental responsibility claim as provided in section 4A of chapter 210 and the person who gave birth to the child, having received actual notice thereof, has failed within a reasonable time, to object thereto; or
[ Subdivision (6) of subsection (a) effective until January 1, 2025. For text effective January 1, 2025, see below.]
(6) with respect to a child born before April 13, 1994, with his consent and the consent of the child's mother, he is named as the child's father on the birth certificate as provided in section one of chapter forty-six.
[ Subdivision (6) of subsection (a) as amended by 2024, 166, Sec. 30 effective January 1, 2025. See 2024, 166, Sec. 67. For text effective until January 1, 2025, see above.]
(6) with respect to a child born before April 13, 1994, with the person's consent and the consent of the person who gave birth to the child, the person is named as the child's parent on the birth certificate as provided in section one of chapter forty-six.
[ Subsection (b) effective until January 1, 2025. For text effective January 1, 2025, see below.]
(b) Notwithstanding the provisions of subsection (a), a husband or former husband shall not be required to be joined as a party if non-paternity of the child has previously been adjudicated in a proceeding between the husband and the mother of such child in a court or administrative agency of competent jurisdiction.
[ Subsection (b) as amended by 2024, 166, Sec. 31 effective January 1, 2025. See 2024, 166, Sec. 67. For text effective until January 1, 2025, see above.]
(b) Notwithstanding subsection (a), a spouse or former spouse shall not be required to be joined as a party if that person's non-parentage of the child has previously been adjudicated in a proceeding between the spouse and the person who gave birth to the child in a court or administrative agency of competent jurisdiction.
(c) Notice to a party joined as herein provided shall be sufficient if the summons is mailed to the last known address by a form of mail requiring a receipt and, if actual notice shall not be made as aforesaid, by publishing a copy of the notice once in each of three successive weeks in a newspaper designated by the court.