Massachusetts General Laws

Mass. Gen. Laws ch. 273, § 15 (2026)

Duty to support child born out of wedlock; conclusiveness of adjudication or acknowledgment of paternity

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Section 15. A parent of a minor child born out of wedlock whether or not the child was born in the commonwealth who wilfully neglects or refuses to contribute reasonably to the support of the child or who leaves the commonwealth and goes into another state without making reasonable provision for the support of the child, or who enters the commonwealth from another state without making reasonable provision for the support of the child domiciled in another state, or who, wilfully and while having the financial ability or earning capacity to have complied, fails to comply with an order or judgment for support which has been entered pursuant to chapter one hundred and nineteen, two hundred and seven, two hundred and nine C, or two hundred and seventy-three, or received, entered or registered pursuant to chapter two hundred and nine D, or entered pursuant to similar laws of other states, shall be guilty of a felony and shall be subject to the penalties provided under section fifteen A. No civil proceeding in any court shall be held to be a bar to the prosecution hereunder but the court shall not enter any order pursuant to section fifteen A which would directly or indirectly result in a decrease in the amount paid for current support pursuant to an order or judgment on behalf of the child to whom, or on whose behalf, support is owed.

If there has been a voluntary acknowledgment of parentage or an adjudication of paternity under chapter two hundred and nine C or under any provision of this chapter in effect immediately prior to the effective date of this section or other law in this or any other jurisdiction, such acknowledgment or adjudication shall be conclusive on all persons in proceedings under this section. If there has been no adjudication or acknowledgment of paternity, proceedings under this section shall be stayed pending the conclusion of an action to establish paternity under chapter two hundred and nine C, which shall be commenced forthwith.

Notes of Decisions
Cited in 44 cases, 1924–2008 · leading case: Commonwealth v. Galvin, 446 N.E.2d 391 (Mass. 1983).
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Commonwealth v. Galvin, 446 N.E.2d 391 (Mass. 1983). · cites it 4× “G.L. c. 273, § 15. In the course of the proceedings pursuant to § 15, 1 a District-Court judge determined that Galvin was the child’s father, but found him not guilty of wilful or negligent nonsupport.”
Commonwealth v. Chase, 432 N.E.2d 510 (Mass. 1982). · cites it 7× “We are asked to decide whether a prosecution of the father of an illegitimate child for criminal nonsupport pursuant to G. L. c. 273, § 15, 1 is constitutionally permissible without a prior adjudication of paternity.”
Commonwealth v. MacKenzie, 334 N.E.2d 613 (Mass. 1975). · cites it 6× “See G.L.c. 273, § 15. There was no showing that unwed mothers presented a similar social problem.”
Commonwealth v. Teixera, 488 N.E.2d 775 (Mass. 1986). · cites it 6× “The defendant appeals from his conviction by a six-person jury in the District Court of neglecting to support an illegitimate child (G. L. c. 273, § 15). 1 On appeal, the defendant argues that the judge erred in denying his motion for a required finding of not guilty, contending…”
Commonwealth v. Dias, 432 N.E.2d 506 (Mass. 1982). · cites it 3× “G. L. c. 273, § 15. 2 The defendant filed a motion to dismiss this complaint on the ground of double jeopardy.”
Commonwealth v. Lobo, 432 N.E.2d 496 (Mass. 1982). · cites it 2× “273A and a quasi criminal nonsupport prosecution [under G. L. c. 273, § 15] is that appellate review under c.”
Lowell v. Kowalski, 405 N.E.2d 135 (Mass. 1980). “We leave to another case, if it should arise, the question whether, in a contested proceeding, proof of paternity may be made out in the absence of the father’s written acknowledgment of his paternity (see for such an example, G. L. c. 273, § 15, as amended through St.”
In Re the Dep't of Soc. Servs. to Dispense With Consent to Adoption, 461 N.E.2d 186 (Mass. 1984). “G. L. c. 273, § 15. 2 The mother has apparently been of parts unknown at least since 1977, when the department filed the petition to dispense with parental consent.”
Bushnell v. Bushnell, 472 N.E.2d 240 (Mass. 1984). “273, § 1, as appearing in St. 1977, c. 848, § 2, provides: “Any spouse .”
Commonwealth v. Fanciullo, 413 N.E.2d 1127 (Mass. App. Ct. 1980). · cites it 5× “The defendant was tried without jury in the Superior Court on a complaint under G. L. c. 273, § 15, as appearing in St. 1977, c.”
M v. W, 227 N.E.2d 469 (Mass. 1967). · cites it 2× “Although criminal in form, it is sometimes regarded and used as a method of enforcing a support duty.”
Silvia v. Silvia, 400 N.E.2d 1330 (Mass. App. Ct. 1980). “G. L. c. 273, § 15, as appearing in St. 1977, c.”
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