LANDMARK SJC DECISION INVOLVING THE RIGHTS OF A NON BIOLOGICAL PARTY TO DECLARE HERSELF THE PRESUMPTIVE PARENT OF A CHILD

A historical and remarkable decision has been issued today by the Massachusetts Supreme Judicial Court, entitled Karen Partanen v. Julie Gallagher, posted October 4, 2016, authored by Justice Lenk which addresses the legally enforceable rights of a non biological person in a same sex relationship in the midst of litigating the respective rights to the children to declare herself as parent to those children.  The SJC has held that such a person may establish herself as a child’s presumptive parent pursuant to Mass. General Laws, Chapter 209C, section6 (a)(4), even in the absence of a biological relationship with the child.

As I have diligently worked in my practice to protect and advance the best interests of the parent and children this decision is exciting and a total game changer.  If you have such a situation, I recommend that you avail yourself of competent legal counsel as soon as possible.  In my practice, I see that the door has swung open like never before, and my clients will be entitled to full consideration of their rights as presumptive parents.

 

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