Massachusetts Parentage Act Has Bipartisan Support: Let’s Move It Forward

The Massachusetts Parentage Act (MPA) would ensure that all children in the state, including those with LGBTQ parents, have equal access to the protections of legal parentage. While it had a hearing last November and has strong support, it still needs a push to become law, said advocates of the bill at a panel today.

Massachusetts Parentage Act

The MPA (S.1133 / H.1714) would ensure equality for all children and thus the constitutionality of state statutes; clarify the paths to parentage; improve access to the protections of legal parentage (for example, by creating those protections as close to birth as possible and not requiring court visits); and offer greater guidance to the courts so there is consistency across the state. It does not change any laws around custody, visitation, or child support.

I’ve written extensively about the MPA before, so I’ll refer you to a post from last July for a more detailed overview, and to my coverage of the bill’s hearing before the Legislature’s Joint Committee on the Judiciary last November. Here, I simply want to note a few highlights from today’s virtual panel on “Fulfilling Family Equality through the Massachusetts Parentage Act,” held at the Berry Institute of Politics at Salem State University, and put out a renewed call to action.

Polly Crozier, senior staff attorney at GLAD (GLBTQ Legal Advocates & Defenders), one of the more than 30 organizations that are part of the Massachusetts Parentage Act Coalition, reminded people that legal parentage is a “core fundamental legal bond” and that children are vulnerable without this, with negative implications that can sometimes last all their lives. Current parentage law in Massachusetts, however, dates to the early 1980s and leaves many children unprotected, including those born through assisted reproduction to unmarried parents and  those with de facto parents. Although Massachusetts sees more births via assisted reproduction than any other state in the country, we are behind every other New England state when it comes to parentage laws that reflect the realities of families today.

Emily McGranachan, director of corporate and foundation relations at Family Equality, spoke of her personal experience as the daughter of lesbian moms and the vulnerability she felt when at age 11, pre-marriage equality, her parents had to apply for a confirmatory (second-parent) adoption so that she could have the legal protection of both mothers. Unequal laws, she said, are “reminders to children that there are people out there that don’t believe your family should exist.”

And 16-year-old Darmany, a high school student, spoke about how his nonbiological mother has always been there for him, but that the legal fees to grant her parentage status are currently too high.

“It’s about living our values and meeting people where they are.”

—Massachusetts State Senator Julian Cyr

State Senator Julian Cyr (D), one of the bill’s sponsors and one of two openly LGBTQ Massachusetts state senators, said that he’s “a big fan of making sure that Massachusetts doesn’t rest on its laurels” when it comes to LGBTQ equality. He noted that heterosexual, cisgender families can no longer be assumed to be the norm and the law needs to reflect that. Additionally, the increasing number of LGBTQ youth in the state means that going forward, more and more people will be parenting in LGBTQ contexts. The MPA, he asserted, is “about living our values and meeting people where they are.”

The bill has bipartisan support, and Cyr said he thinks that Judiciary Committee chairs Senator James Eldridge (D) and Rep. Michael Day (D) are amenable to it, but it would still be beneficial for them to hear that the MPA will solve everyday problems that people are facing. Given the many, many other bills in the legislature that are vying for legislators’ attention, Cyr said, it is also important that people make sure their legislators know about this one and why it is important. He thinks most legislators will be receptive, “but they need to hear about it.”

Crozier noted that when similar bills passed in every other New England state [e.g., in Connecticut], “it was the feel-good moment of the session,” as legislators were happy to support a bill that helps children. “There’s overwhelming, tremendous support for this bill,” she said.

Despite this, we need to make sure that the bill still moves forward and doesn’t get lost among other legislative priorities. If you live in Massachusetts as I do, here are some things you can do to help:

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