3 Laws To Know About Same-Sex Adoption After Artificial Insemination

1. Sexuality Is Not A Barrier For Adoption Eligibility

                                                        Case:

                                          “Adoption of Tammy”

 

                                            Statute: G.L. c. 210, § 1

“ A person of full age may petition the probate court in the county where he resides for leave to adopt as his child another person younger than himself, unless such other person is his or her wife or husband, or brother, sister, uncle or aunt, of the whole or half blood.” 

2. No Biological Connection Is Needed Between A Child Born By Artificial Insemination And The Adopter To Obtain Full-Parental Rights

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                                                        Case:

                               “Karen Partanen v. Julie Gallagher”

 

                                      Statute: G.L. c. 209C, § 6 ( a ) (4)

“A man is presumed to be the father of a child ... [if] ... while the child is under the age of majority, he, jointly with the mother, received the child into their home and openly held out the child as their child.”

3. An Individual Is Granted Parental Rights To A Child, That Their Former Spouse Conceived By Artificial Insemination, Even If The Couple Was Not Married At The Time The Child Was Fertilized But During Its Birth

                                                        Case:

                          “Gabriella Della Corte v. Angelica Ramirez”

 

                                      Statute: G.L. c. 209C, § 6 ( a ) (4))

Any child born to a married woman as a result of artificial insemination with the consent of her husband, shall be considered the legitimate child of the mother and such husband.”

The fusion of of all three statutes provides a better understanding of the standard for same-sex adoption after artificial insemination. After combining the three statutes two rules are established:

IF

1.) An adult

      a.) with no biological relation to a child, (AND)

      b.) jointly received the child into their home with the child’s biological parent, (AND)

      c.) the child’s biological parent and said adult openly hold the child out as their child, (AND)

      d.) the child is younger than the adult OR

2.) A woman

      a.) uses artificial insemination to get pregnant AND

      b.) their spouse consents to the artificial insemination pregnancy

 

THEN

3.) Parental rights of the child are granted to adult or spouse.

These rules will help guide readers looking to understand Massachusetts law on same-sex adoption after artificial insemination.