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

Mass. Gen. Laws ch. 209C, § 6

Presumption of paternity; mandatory joinder

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Section 6. (a) A person is presumed to be the parent of a child and shall be joined as a party in all actions under this chapter if:

(1) the person is or has been married to the person who gave birth to the child and the child was born during the marriage, or within three hundred days after the marriage was terminated by death, annulment or divorce; or

(2) before the child's birth, the person married or attempted to marry the person who gave birth to the child by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and the child was born during the attempted marriage or within three hundred days after its termination; or

(3) after the child's birth, the person married or attempted to marry the person who gave birth to the child by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and

(i) the person agreed to support the child under a written voluntary promise, or

(ii) the person has engaged in any other conduct which can be construed as an acknowledgment of parentage; or

(4) while the child is under the age of majority, the person, jointly with the person who gave birth to the child, received the child into their home and openly held out the child as their child; or

(5) the person has acknowledged parentage in a parental responsibility claim as provided in section 4A of chapter 210 and the person who gave birth to the child, having received actual notice thereof, has failed within a reasonable time, to object thereto; or

(6) with respect to a child born before April 13, 1994, with the person's consent and the consent of the person who gave birth to the child, the person is named as the child's parent on the birth certificate as provided in section one of chapter forty-six.

(b) Notwithstanding subsection (a), a spouse or former spouse shall not be required to be joined as a party if that person's non-parentage of the child has previously been adjudicated in a proceeding between the spouse and the person who gave birth to the child in a court or administrative agency of competent jurisdiction.

(c) Notice to a party joined as herein provided shall be sufficient if the summons is mailed to the last known address by a form of mail requiring a receipt and, if actual notice shall not be made as aforesaid, by publishing a copy of the notice once in each of three successive weeks in a newspaper designated by the court.

Notes of Decisions
Cited in 19 cases, 1987–2018 · leading case: Partanen v. Gallagher
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Partanen v. Gallagher (2016) mass · cites it 16× “On the basis of these allegations, Par-tanen’ s complaint sought a declaration of parentage pursuant to, among other things, G. L. c. 209C, § 6 (a) (4). That statute provides that “a man is presumed to be the father of a child” born out of wedlock if “he, jointly with the…”
Goodridge v. Department of Public Health (2003) mass · cites it 2× “Exclusive marital benefits that are not directly tied to property rights include the presumptions of legitimacy and parentage of children bom to a married couple (G. L. c. 209C, § 6, and G. L. c. 46, § 4B); and evidentiary rights, such as the prohibition against spouses…”
Heather Martin Gartner and Melissa Gartner, Individually and as Next Friends of Mackenzie Jean Gartner, a Minor Child v. (2013) iowa · cites it 2× “”); Mass. Gen. Laws Ann. ch. 209C, § 6(a)(1) (West 2013) (“[A] man is presumed to be the father of a child .”
Department of Revenue v. Ryan R. (2004) massappct “Sheldon was named a defendant as required by G. L. c. 209C, § 6. Ryan’s counterclaims for custody and visitation were bifurcated from the issues of paternity and support.”
Hunter v. Rose (2012) mass “G. L. c. 209C, § 6. Moreover, any child bom as a result of artificial insemination with spousal consent is considered to be the child of the consenting spouse.”
State ex rel. Alabama Policy Institute (2015) ala “See G.L. c. 209C, § 6 (‘a man is presumed to be the father of a child .”
Culliton v. Beth Israel Deaconess Medical Center (2001) mass “See G. L. c. 209C, § 6 (providing that “a man is presumed to be the father of a child .”
Matter of Gendron (2008) nh “209C, § 6(a) (setting forth circumstances in which a man is presumed to be the father of a child, and not including instance where an acknowledgement of parentage has been signed and filed). Accordingly, giving the acknowledgement full faith and credit, we conclude that…”
C.M. v. P.R. (1995) mass “G. L. c. 209C, § 6 (a) (1992 ed.). This is irrelevant.”
Adoption of a Minor (2015) mass “See G. L. c. 209C, § 6 (a) (for child born during marriage or within 300 days after termination of marriage, husband is presumed to be father of child and must be joined in any paternity action).”
D.H. v. R.R. (2012) mass “G. L. c. 209C, § 6 (a). But the statute made it easier to rebut the presumption by reducing the standard of proof to establish paternity to “clear and convincing evidence.”
In the Matter of Walter (1990) mass “G. L. c. 209C, § 6 (a) (1) (6). Furthermore, the ordinary meaning of the term “born out of wedlock” suggests that it does not apply where the mother’s husband, who is named as the father on the birth certificate, acknowledges and asserts his parenthood.”
Show all 19 citing cases →
— Mass. Gen. Laws ch. 209C, § 6(a) — 2 cases
Matter of Gendron (2008) nh “209C, § 6(a) (setting forth circumstances in which a man is presumed to be the father of a child, and not including instance where an acknowledgement of parentage has been signed and filed). Accordingly, giving the acknowledgement full faith and credit, we conclude that…”
R.R.K. v. S.G.P. (1987) mass
— Mass. Gen. Laws ch. 209C, § 6(a)(1) — 2 cases
Heather Martin Gartner and Melissa Gartner, Individually and as Next Friends of Mackenzie Jean Gartner, a Minor Child v. (2013) iowa “”); Mass. Gen. Laws Ann. ch. 209C, § 6(a)(1) (West 2013) (“[A] man is presumed to be the father of a child .”
K.B. v. D.B. (1994) massappct
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