As discussed in our previous post, in order to include the father's name on the birth certificate he and the mother must sign a Voluntary Acknowledgment of Paternity.  If a mother or father refuses to sign the Voluntary Acknowledgement of Paternity, then paternity can only be established by court action and the mother alone will appear on the birth certificate until there is an order of the court to add the father. If the father or mother wants to establish paternity of a child in Massachusetts, then either party can file a Complaint to Establish Paternity with the Probate and Family Court.  If the presumed father denies or is unsure that he is the father of the child, the Department of Revenue Child Support Enforcement Division can perform a paternity test if the mother requests DOR services. This usually takes 6-8 weeks, and can be required by the court if the presumed father refuses to participate.  The parties can also obtain a private test which is usually f...

Unmarried mothers in Massachusetts are presumed to be the legal and physical custodian of a child without going to court.   Unmarried fathers in Massachusetts are not provided with any legal or physical custody rights without going to court, unless they are added to the Birth Certificate at the time of the child's birth.  This is despite the fact that a child support obligation can begin to accrue upon the birth of the child even if the father is unaware of their existence or not involved in the child's life. The Birth Certificate is completed with information provided by the mother of the baby. If she is unmarried, then she can request the father's name be included. In order to include the father's name he must sign a Voluntary Acknowledgment of Paternity and then his name will appear on the birth certificate. Signing a Voluntary Acknowledgement has significant legal ramifications. Even if a father is not the biological father, signing the Voluntary Acknowledg...

Post by Valerie Qian .  Valerie is an Associate at Skylark Law & Mediation, PC.  Valerie's practice includes family law & divorce representation, mediation, and collaborative divorce. The Presumption of Legal Parentage to a child born of a Marriage Is it presumed that a child who is born into a marriage is legally the child of the other spouse of the marriage?  The short answer is yes, regardless of whether the child is biologically related to the other spouse. The statute governing this question in Massachusetts is Massachusetts General Laws Chapter 209C, Section 6 .  Moreover, any child born as a result of artificial insemination with spousal consent is considered to be the legal child of the consenting spouse per  G. L. c. 46, § 4B. Chapter 209C, Section 6 states that a man is presumed to be the father of a child if he is married to the mother of a child at the time that a child is born. He is also presumed to be the father of a child if th...

Many have tried to frame the debate over same-sex marriage or LGBT rights to be a debate over the changing definition of parents and family.  But the truth is that the definition of family has been constantly changing and evolving and the definition of a parent has always differed from family to family.  Some people are raised by a male and female parent, and others are raised by a grandparent, or one parent, or two female or two male parents.  And many children have more than two people that function as parents and role models. The definition of biological parent is clear; requiring a male and female genetic component to create a child.  However, defining the parents of a child is more complicated and can involve legal, psychological, ethical and biological components.  A parent might be a gestational parent, a biological parent, a legal parent, or even a parent by their actions, regardless of relationship.  And these definitions can and typically do o...