A decision by the Supreme Judicial Court today allows an unmarried same sex, non-biological parent, after a separation, to establish parental rights the same as heterosexual couples may. The case involves a failed relationship between two women, where the non-biological parent seeks to establish parental rights to the children of the relationship.The court noted:
basis of these allegations, Partanen’s complaint sought a
declaration of parentage pursuant to, among other things, G. L.
c. 209C, § 6 (a) (4). That statute provides that “a man is
presumed to be the father of a child” born out of wedlock if
“he, jointly with the mother, received the child into their home
and openly held out the child as their child.”
And the court then held:
In addressing Partanen’s claims on direct appellate review,
we consider the question whether a person may establish herself
as a child’s presumptive parent under G. L. c. 209C,
§ 6 (a) (4), in the absence of a biological relationship with
the child. We conclude that she may. We conclude further that,
here, the assertions in Partanen’s complaint are sufficient to
state a claim of parentage under G. L. c. 209C (statute).