Bill > H4265

This bill aims to protect victims of rape and children conceived as a result of rape by amending Chapter 209C of the General Laws. Specifically, it removes existing provisions that might allow convicted rapists to assert parental rights or seek visitation for children conceived during the offense. The bill introduces a new section, 10A, which mandates a court hearing after a conviction for certain sexual offenses to determine if a child was conceived during the commission of the crime. If a court finds by a preponderance of evidence that a child was conceived due to unwanted sexual conduct, parental rights cannot be presumed or established for the perpetrator, and the court cannot assert jurisdiction over the child's interests. Furthermore, if the perpetrator is found to be the biological source of the conception, there is a rebuttable presumption that they are unfit to have custody, though shared legal or physical custody might be possible with clear and convincing evidence of fitness and the consent of the other parent. The bill also prohibits courts from granting visitation rights to a convicted perpetrator unless there's an independent judicial finding that visitation is in the child's best interest and the other parent consents. Finally, the court that handled the original conviction will have exclusive jurisdiction over matters related to custody, visitation, and child support for children conceived during the offense.