In Massachusetts, children who are conceived during a marriage through the use of assisted reproductive technology (such as in vitro fertilization or artificial insemination) are\u00a0legally\u00a0children of both parents so long as there was spousal consent\u00a0to the conception.\u00a0In\u00a0those situations, because each spouse is a\u00a0\u201clawful parent\u201d of the child\u00a0at birth,\u00a0there is no separate obligation for either spouse to\u00a0adopt the child in order to\u00a0assert\u00a0their parental rights.<\/p>\n
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However, because same-sex marriages are not universally recognized by all 50 states, same-sex couples tend to take additional steps to\u00a0protect\u00a0their parental rights, including adopting\u00a0their children.\u00a0 This ensures\u00a0recognition of their parentage when they travel outside of Massachusetts, or if the family relocates to a state where same-sex marriages are not recognized.<\/p>\n
Adoptions are governed by statute in Massachusetts, specifically G. L. c. 210, \u00a7\u00a02.\u00a0 The statute requires that\u00a0notice be provided to and\u00a0written consent given by\u00a0any individual who may assert parental rights over a child, such as the lawful parents, before an adoption may be granted.\u00a0 The statute is silent on whether sperm donors fall\u00a0into the category of those individuals who may assert parental rights over a child created from their sperm.<\/p>\n
Because the statute is unclear, a Massachusetts probate and family court was unable to decide whether the lawful parents of a child must give notice to, and get written consent from, the known biological father\/sperm donor before putting a child up for adoption.\u00a0 The probate and family court reported the issue to the appeals court for a determination.<\/p>\n
Today, the SJC decided the issue,\u00a0holding\u00a0that the relevant statutes and case law confer legal parentage on the birth mother and her consenting spouse.\u00a0 Therefore, it is presumed that marital children have only two legal parents. Although the SJC acknowledged that there are certain circumstances where a \u201cputative father,\u201d a man whose legal relationship to a child has not been established but claims that he may be the biological father of a child who is born to an unmarried woman,\u00a0may establish paternity, the SJC distinguished that\u00a0circumstance from the issue of a known sperm donor.<\/p>\n
The SJC ultimately\u00a0held that G.L. c. 210,\u00a0\u00a7\u00a02 does not require the lawful parents of a child to give notice of the petition for adoption to a known sperm donor.<\/p>\n