The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act relative to the rights of nonbiological parents ordered to pay child support. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION
1. Section 9 of chapter 209C of the General Laws, as appearing in the 2004
Official Edition, is hereby amended by inserting after subsection (f) the
following subsection:—
(g) Notwithstanding the provisions of any general or special law, rule or
regulation to the contrary, the court shall not find any person chargeable with
the support of a child if such person demonstrates by a preponderance of
competent scientific evidence that he is not the biological parent of such
child, regardless of whether and when such person has previously made any
voluntary acknowledgment of parentage, unless, during the pendency of any
action under this chapter, such a person knowingly consents in writing after a
competent scientific determination of parentage has been made.
SECTION 2. Section
11 of said chapter 209C, as so appearing, is hereby amended by inserting after
subsection (d) the following subsection:—
(e) Notwithstanding the provisions of any general or special law, rule or
regulation to the contrary, the obligation of any person who has been paying,
by consent, voluntary acknowledgement of parentage, court order, or otherwise,
support for any child shall immediately terminate if such person demonstrates
by a preponderance of competent scientific evidence that he is not the
biological parent of such a child. Such person shall not, however, be entitled
to any reimbursement for any such support payments already made.
SECTION 3. This act shall take effect upon passage.