Mass. General Laws c.208 § 56

Minors receiving gender-affirming health care; basis to alter custody, parenting time and visitation agreements; court considerations

This is an unofficial version of a Massachusetts General Law.

Updates

Added by St. 2025, c. 16, § 20, effective November 5, 2025

Section 56 (Effective November 5, 2025)

(a)

A law of a jurisdiction outside the commonwealth that authorizes a child to be removed from the care or custody of a parent or guardian based on the parent or guardian allowing their child to receive gender-affirming health care services, as defined in section 11I1/2 of chapter 12, or that bans the provision of gender-affirming health care services shall not provide a basis to alter custody, parenting time or visitation or be used to make a finding of abuse, neglect or maltreatment in a case pending in a court in the commonwealth, unless the conduct of the parent or guardian under such law would constitute abuse, neglect or maltreatment under the laws of the commonwealth.

(b)

No court in the commonwealth shall admit or consider a finding of abuse, neglect or maltreatment based on a parent or guardian allowing their child to receive or seek gender-affirming health care services, as defined in section 11I1/2 of chapter 12, or a finding that a parent or guardian is criminally, civilly or otherwise liable for violating another state’s law that bans the provision of gender-affirming health care services as evidence in any proceeding with respect to that parent or guardian and any of their children, unless the conduct of the parent or guardian would constitute abuse, neglect or maltreatment under the laws of the commonwealth.

(c)

Notwithstanding any provision of this chapter to the contrary, when deciding whether to alter custody, parenting time or visitation, a court in the commonwealth shall consider the likely disruption or cessation of gender-affirming health care services, as defined in section 11I1/2 of chapter 12, as a result of a law of a jurisdiction outside the commonwealth that prohibits gender-affirming health care services or authorizes a child to be removed from the care or custody of a parent or guardian based on the parent or guardian allowing their child to receive gender-affirming care health care services.

Last updated:	August 7, 2025