Partanen v. Gallagher, 475 Mass. 632 (2016)

A woman sought to be recognized as the legal parent of two children conceived by her former partner through in vitro fertilization during their long-term relationship. They were never married. Although the woman was not biologically related to the children and had not formally adopted them, she helped plan their conception, was present at their births, lived with them, and shared in their upbringing, financial support, and public representation as their mother. The Probate and Family Court dismissed her complaint, ruling that Massachusetts parentage statutes applied only to biological parents. The Supreme Judicial Court reversed, holding that under G.L. c. 209C, § 6(a)(4), a non-biological parent may be recognized as a “presumed parent” if they jointly received the children into their home and openly held them out as their own. The Court emphasized that the statute’s purpose is to ensure equal rights for children born out of wedlock, and it should be read in gender-neutral terms to cover same-sex couples. The case established that biological ties are not required to claim parentage under Massachusetts law, a significant step in securing equal parental rights for same-sex partners.

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  • 2016

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Jurisdiction