Bill > H1713

This bill provides legal pathways for women to terminate the parental rights of men who fathered children through rape, specifically in two scenarios: when the woman is married to the perpetrator and when the woman is unmarried. Under the proposed law, a woman can file a petition with the court to terminate the parental rights of a man who fathered a child through an unlawful sexual battery, as defined in sections 22 or 22A of chapter 265 of Massachusetts law (or similar laws in other jurisdictions). The court must determine by "clear and convincing evidence" that the child was conceived through rape, and it is presumed that terminating parental rights is in the best interest of the child in such cases. The bill allows these petitions to be filed at any time, and a guilty plea or conviction related to the sexual battery can serve as conclusive proof of the criminal violation. This legislation aims to protect victims of rape from being legally connected to their attackers and to safeguard the welfare of children conceived through sexual assault by providing a legal mechanism to sever parental rights.

Justice

https://malegislature.gov/Bills/194/H1713