Massachusetts General Laws

Mass. Gen. Laws ch. 273, § 7 (2026)

Evidence of marriage and parentage; husband and wife as witnesses; self incrimination; evidence of wilfulness; confidential communications

✓ current as of July 2026

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Section 7. No other or greater evidence shall be required to prove the marriage of the husband and wife, or that the alleged father is the parent of the child, than may be required to prove the same facts in a civil action. In any prosecution begun under section one, both husband and wife shall be competent witnesses to testify against each other to any relevant matters, including the fact of their marriage and the parentage of the child; provided, that neither shall be compelled to give evidence incriminating himself. Proof of the desertion of the spouse or child, or of the neglect or refusal to make reasonable provision for their support and maintenance, shall be prima facie evidence that such desertion, neglect or refusal is wilful and without just cause. In no prosecution under sections one to ten, inclusive, shall any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply.

Notes of Decisions

Cited in 13 cases, 1928–2017 · leading case: Commonwealth v. DiPietro, 369 N.E.2d 811 (Mass. 1977).

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Commonwealth v. DiPietro, 369 N.E.2d 811 (Mass. 1977). “233, § 20: “Second, Except as otherwise provided in [G. L. c. 273, § 7, relating to prosecutions for desertion or nonsupport of a wife or children] neither husband nor wife shall be compelled to testify in the trial of an indictment, complaint or other criminal proceeding…”

Cc v. Ab, 550 N.E.2d 365 (Mass. 1990). “209C, § 16; G.L.c. 273, § 7. Thus, in practical terms, the rule has been of little effect.”

Symonds v. Symonds, 432 N.E.2d 700 (Mass. 1982). “The Legislature has authorized a husband and a wife to testify in a nonsupport action concerning the parentage of a child (G. L. c. 273, § 7) and has allowed a mother, although married, to testify in an illegitimacy proceeding that a man other than her husband is the father of…”

Commonwealth v. Burnham, 887 N.E.2d 222 (Mass. 2008). “273, § 7,] and except in any proceeding relating to child abuse, including incest, neither husband nor wife shall be compelled to testify in the trial of an indictment, complaint or other criminal proceeding against the other; “Third, The defendant in the trial of an indictment,…”

Commonwealth v. Lobo, 432 N.E.2d 496 (Mass. 1982). “” G. L. c. 273, § 7, as appearing in St. 1977, c.”

C.C. v. A.B., 406 Mass. 679 (Mass. 1990). “209C, § 16; G. L. c. 273, § 7. Thus, in practical terms, the rule has been of little effect.”

Commonwealth v. Garcia, 73 N.E.3d 296 (Mass. 2017). ““Second, Except as otherwise provided in [G. L. c. 273, § 7,] and except in any proceeding relating to child abuse, including incest, neither husband nor wife shall be compelled to testify in the trial of an indictment, complaint or other criminal proceeding against the other.”

Commonwealth v. McCreary, 428 N.E.2d 361 (Mass. App. Ct. 1981). “Second, Except as otherwise provided in [G. L. c. 273, § 7], neither husband nor wife shall be compelled to testify in the trial of an indictment, complaint or other criminal proceeding against the other.”

Commonwealth v. Gillis, 263 N.E.2d 437 (Mass. 1970). “” See G. L. c. 273, § 7, with respect to certain prosecutions under c.”

Commonwealth v. Herrick, 160 N.E. 531 (Mass. 1928). “Herrick, the defendant’s wife, which was admissible under G. L. c. 273, § 7, could find that she and the defendant, domiciled in this Commonwealth, were married in Brattleboro in the State of Vermont in 1911, and immediately returned to Worcester in this Commonwealth where they…”

Commonwealth v. Bird, 162 N.E. 900 (Mass. 1928). “G. L. c. 273, §§ 7, 15,16. The evidence tending to show that Georgette and Adelle Bird were the children of the defendant was competent.”

Commonwealth v. Hussey, 441 N.E.2d 783 (Mass. App. Ct. 1982). “No challenge to the application of G. L. c. 273, § 7, has been made. Daniel M.”

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