Paternity

For many years, children born to unmarried parents did not have the same legal protection in Massachusetts as children whose parents are married. Over time, the law has evolved to address this inequity. Establishing parentage of the child is a necessary first step.

Paternity/Parentage Laws in Massachusetts

Massachusetts General Laws Chapter 209C provides that children born to parents who are not married to each other shall have the same legal rights and protections as other children. In 2023, the Massachusetts Parentage Act was enacted to ensure that children of all Massachusetts families, regardless of their configuration, enjoy these same rights and protections.

Among other things, the law uses more inclusive language to reflect the realities of LGBTQIA+ families, clarifies the rights of intended parents using assisted reproduction, and replaces the term “ child born out of wedlock” with “nonmarital child” to eliminate stigmatization of the more than 30% of children in Massachusetts whose parents are not married to each other.

Because presumptions of parentage often do not apply, establishing parentage is necessary to afford nonmarital children the right to financial support from both parents and their parents the right to custody and parenting time. In addition, establishing parentage is needed to afford nonmarital children their rights of inheritance and to receive government benefits in certain instances, based on the circumstances of their parents.

At Ouellette Family Law, we have decades of experience in Massachusetts family law and helping families is our focus. Establishing the parentage of your children is important to you and to them. To start the process, contact Ouellette Family Law to schedule a consultation.

How to Establish Parentage in Massachusetts

A Voluntary Acknowledgement of Parentage, signed by both parents in the presence of a notary, is one way to establish parentage. It is frequently signed at the hospital after a baby’s birth, but can also be signed in the clerk’s office for the city or town where the child was born or at the Registry of Vital Records and Statistics. A Voluntary Acknowledgment of Paternity should never be signed if there is any doubt about the child’s parentage. It can be rescinded within 60 days after it is signed. After that, while challenging parentage is not impossible, the process is much more difficult.

Parentage can also be established by filing a court action. If parentage is disputed, genetic marker testing (sometimes referred to as paternity testing) is frequently used to establish parentage. An experienced Massachusetts family law attorney can be invaluable in establishing and protecting the rights of both a parent and their child.

How Ouellette Family Law Can Help

Attorney Linda Ouellette has been helping Massachusetts families establish paternity and parentage for nearly 40 years. She established Ouellette Family Law to ensure that parents and children get the representation they need to protect their rights and the personal service they deserve.

Linda is also a highly experienced courtroom attorney. In many cases, it is possible to resolve parentage issues without court action. However, if it is necessary to go to court, she has the knowledge and skill to protect your interests.