Page 14 - BusinessWest February 17, 2025

“The MPA offers families long- overdue rights and protections by providing updated paths to parentage, and
is a critical step toward parentage equality for all.”
This can happen when more than two people have compet- ing claims to parentage of a child. The court will consider the child’s age, the length of time each parent has assumed the role of parent, the nature of the parent-child relation- ship, the basis for each person’s claim to parentage, the harm to the child if the relationship is not recognized, and any other factor arising from disruption of the relationship between the child and each person.
Further Implications
Assisted reproduction is 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; IVF; and transfer of embryos. The MPA provides that a person who consents to assisted reproduction shall be a parent of the child.
Consent can be shown through a record signed by the birth parent and the intended parent on or after the birth
of the child. If there is no written record, consent can be established through a finding by the court that, prior to con- ception or the birth, the parties agreed that they would be parents of the child, or the person who seeks to be a parent of the child, together with the person giving birth, voluntari- ly participated in and consented to the assisted reproduc- tion that resulted in the conception of the child.
Now, a person who becomes a parent through assisted reproduction can obtain a pre-birth judgment declaring them to be the parent of the child immediately upon the birth of the child, ordering that parental rights and respon- sibilities vest immediately upon birth, and designating them as the parent on the child’s birth certificate.
Finally, the MPA provides clear instruction on the requirements of and enforceability of surrogacy agree- ments. Parties to a surrogacy agreement must be at least 21 years old. The surrogate must have previously given
birth to at least one child and must undergo a medical evaluation and a mental-health consultation. The intended parent(s) must also undergo a mental-health consultation. The agreement must be signed by the surrogate, their spouse if applicable, and the intended parent(s), and all parties to the agreement must be represented by counsel.
The requirements relative to when the agreement is signed, and enforceability and validation of the surrogacy agreement by the court, depend on whether the surro- gacy is a gestational surrogacy or genetic surrogacy. It is therefore important to consult with an attorney prior to attempting conception through surrogacy to ensure the requirements are met and for assistance in drafting the agreement.
The MPA offers families long-overdue rights and pro- tections by providing updated paths to parentage, and is a critical step toward parentage equality for all. BW
Julie A. Dialessi-Lafley is a shareholder with the
law firm Bacon Wilson, P.C. and chairs the firm’s Family Law department. She is a certified family law mediator and a member of the Springfield Women’s Leadership Council, and is licensed to practice law in both Massachusetts and Connecticut; (413) 781-0560; [email protected]
Britaney N. Guzman-Bailey is an associate with the law firm of Bacon Wilson, P.C. She is a member of the Hispanic National Bar Assoc., the Hampden County Bar Assoc., and the Massachusetts LGBTQ Bar Assoc. She concentrates her practice in the areas of domestic relations and family law; (413) 781-0560; bguzman- [email protected]
Thieves aren’t the only ones who break into homes.
“Nothing but amazing service! Called last year about mice and they came out and set traps and got rid of them almost completely. - Heather T.
413-566-8222 GraduatePestSolutions.com
WEEKDAYS on WHMP
Talk the Talk 9-11 am Buzz Eisenberg Bill Newman
Rebroadcast 4-6pm
Stream: WHMP.com
14 FEBRUARY 17, 2025 << LAW >> BusinessWest