UPDATE: With the passage of the Massachusetts Parentage Act, the definitions of legal parentage have been updated by the legislature. Read this article to learn more: The Massachusetts Parentage Act by Polly Crozier, Director of Family Advocacy, GLBTQ Legal Advocates & Defenders Original Post: Our previous posts in this series have all addressed legal parental rights created or enabled by statute. In some instances, though, the Probate and Family Court has extended legal parentage rights beyond the statutory rights. The Massachusetts Appeals Court case E.N.O. v. L.L.M . defined a de facto parent as: “one who has no biological relation to the child, but has participated in the child’s life as a member of the child’s family. The de facto parent resides with the child and, with the consent and encouragement of the legal parent, performs a share of caretaking functions at least as great as the legal parent.” E.N.O. v. L.L.M. (1999) The decision of...
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