Mass. Gen. Laws » Part II Title III Chapter 209C

Mass. Gen. Laws ch. 209C, § 1

Declaration of purpose; definition; responsibility for support

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Section 1. Children born to parents who are not married to each other shall be entitled to the same rights and protections of the law as all other children. A child shall have the same rights and protections under law to parentage without regard to the marital status, gender, gender identity or sexual orientation of their parents or the circumstances of the child's birth, including whether the child was born as a result of assisted reproduction or surrogacy. It is the purpose of this chapter to establish a means for such children either to be acknowledged by their parents voluntarily or, on complaint by one or the other of their parents or such other person or agency as is authorized to file a complaint by section five, to have an acknowledgment or adjudication of their parentage, to have an order for their support and to have a declaration relative to their custody or visitation rights ordered by a court of competent jurisdiction. For the purpose of this chapter, the term ''nonmarital child'' shall refer to any child born to a persons who are not married to each other and shall include a child who was conceived and born to parents who are not married to each other but who subsequently intermarry and whose parentage has not been acknowledged by word or deed or whose parentage has not been adjudicated by a court of competent jurisdiction; and a child born to parents who are not married to each other whose parentage has been adjudicated by a court of competent jurisdiction, including an adjudication in a proceeding pursuant to this chapter or prior law. Every person is responsible for the support of their nonmarital child from its birth up to the age of eighteen, or, where such child is domiciled in the home of a parent and principally dependent upon said parent for maintenance, to age twenty-one. Each person charged with support under this section shall be required to furnish support according to their financial ability and earning capacity pursuant to the provisions of this chapter.

Notes of Decisions
Cited in 49 cases (7 in the last 5 years), 1987–2025 · leading case: Partanen v. Gallagher
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Partanen v. Gallagher (2016) mass · cites it 10× “First, she must allege that Jo and Ja are “children” as that term is used in the statute, i.”
Smith v. McDonald (2010) mass · cites it 4× “” G. L. c. 209C, § 1. A putative father of a nonmarital child may become a legal parent in one of two ways only: through an adjudication, or by filing a voluntary acknowledgment of paternity executed by both parents.”
T.F. v. B.L. (2004) mass · cites it 3× “, G. L. c. 209C, § 1 (person who is adjudicated father of child bom out of wedlock); G.”
L.W.K. v. E.R.C. (2000) mass · cites it 4× “See G. L. c. 209C, § 1, inserted by St. 1986, c.”
Woodward v. Commissioner of Social Security (2002) mass · cites it 2× “G. L. c. 209C, § 1. See G. L. c. 119, § 1 (“It is hereby declared to be the policy of the commonwealth to direct its efforts, first, to the strengthening and encouragement of family fife for the protection and care of children .”
Powers v. Wilkinson (1987) mass · cites it 2× “G.L.c. 209C, § 1, inserted by St. 1986, c.”
Department of Revenue v. Ryan R. (2004) massappct “Denial of the motion is supported by the plain language of G. L. c. 209C, § 1, as inserted by St. 1986, c.”
Paternity of Cheryl (2001) mass “See G. L. c. 209C, § 1. In his memorandum and order, the judge stated that, if it is established that the father is not the biological parent of Cheryl, the mother “was aware, at the time of filing, of the likelihood that a different person was the biological father of [Cheryl].”
C.M. v. P.R. (1995) mass · cites it 2× “4 While the child was born out of wedlock, see G. L. c. 209C, § 1, the plaintiff is admittedly not *223 the biological father.”
E.N.O. v. L.M.M. (1999) mass “” See G. L. c. 209C, § 1. The judge viewed several facts as significant.”
Tatar v. Schuker (2007) massappct · cites it 2× “The court went on to observe that “[w]e are not free to add a further requirement, beyond what the Legislature has declared, that the father is responsible for the support of his child born out of wedlock, ‘from [her] birth up to the age of eighteen,’ G. L. c. 209C, § 1 [,…”
Department of Revenue v. Mason M. (2003) mass “See G. L. c. 209C, § 1; L.W.K. v. E.R.C., 432 Mass.”
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