Bill > H1661

This bill provides legal provisions for victims of rape to terminate the parental rights of their rapists in cases where a child was conceived through sexual assault. Specifically, the bill allows a married woman to petition the court to terminate her husband's parental rights if the child was conceived as a result of rape, as defined under sections 22 or 22A of chapter 265 of Massachusetts law (or similar laws in other jurisdictions). The bill establishes that if the court determines by "clear and convincing evidence" that the child was conceived through rape, it is presumed that terminating parental rights is in the child's best interest. The legislation allows such petitions to be filed at any time and provides that a guilty plea or conviction for unlawful sexual battery serves as conclusive proof of the circumstances. This bill applies to two different legal contexts: situations involving married couples and situations involving unmarried parents, ensuring that rape victims have a legal pathway to remove their assailant's parental rights regardless of their marital status. The provisions aim to protect victims and children conceived through sexual assault by giving victims more legal control over their familial relationships.

Justice

https://malegislature.gov/Bills/194/H1661