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Fall River LGBTQ advocates say state parenting law benefits children
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Fall River LGBTQ advocates say state parenting law benefits children

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Amid a wave of anti-LGBTQ legislation sweeping state capitols across the country, Massachusetts has enacted a law transforming parental rights for nontraditional families.

The bipartisan Parentage lawsigned by Governor Maura Healey in early August, establishes clear legal standards for parentage at a time when the American Civil Liberties Union tracks more than 130 active anti-LGBTQ bills across the country, and 44 more have already been adopted this year.

The overhaul replaces gendered and outdated language, including phrases like “children born out of wedlock,” with inclusive language throughout the state’s paternity law.

It also adds comprehensive protections for families formed through assisted reproduction, in vitro fertilization, and surrogacy, while legally recognizing de facto parents who served as primary caregivers but previously had no recognition formal.

LGBTQ parents face challenges in Greater Fall River and across the state

THE Massachusetts Commission on LGBTQ Youth FY 2025 Report cites Greater Fall River as one of several areas facing numerous challenges to LGBTQ freedoms in the state, adding to a wave of political attacks against youth, families and educators in the queer community nationwide.

Advocates for the law across the state are calling the law’s passage a “major victory” for LGBTQ+ families and say it’s the most significant legislative effort since the fight for equality. marriage. This eliminates the need for costly and time-consuming litigation that previously left many non-biological parents vulnerable to gaps in the system.

The data of Movement Advancement Project shows that in Massachusetts, more than one in five LGBTQ adults ages 25 and older are raising children.

For many of these families, legal recognition was previously granted by the courts on an ad hoc basis, as reported by Massachusetts Coalition on Parenting Law.

This variability reflects a broader reality. Nationally, about 30 percent of LGBQ parents are not officially recognized by the courts or are unsure of their status as the legal parent or guardian of at least one child, according to a Williams Institute study.

What does the Massachusetts Parentage Act do for LGBTQ parents?

In Fall River, local LGBTQ+ advocates are celebrating the law as a much-needed modernization of parentage laws that had been outdated, incomplete and confusing.

The passage of this legislation represents the first major update to the state’s parentage laws in nearly 40 years, providing clarity tailored to the diverse ways families are formed today.

“It gives people a lot of automatic rights in a fair way,” said Kari Robinson, director of Balanced learning centers Spectra Program, which provides support to queer and neurodivergent individuals and families in the region. “Everyone should have the right to have a child and have that child be theirs without fear.”

Nicky Oliveira, an intern at the Balanced Learning Center who works on projects at the intersection of disability, neurodiversity, gender expression and sexuality, sees this act as a form of reproductive justice.

“A lot of them are just afraid to start a family,” they said of their family and friends.

Attributing this concern to legal uncertainties as well as cultural barriers, Oliveira noted that there was a lack of public education on the availability of legal protections. As a result, they say, many people are hesitant to start a family because they “don’t know what the path forward looks like.”

Helping LGBTQ people feel safe starting a family

Justifying the challenges highlighted in the LGBTQ commission report, Oliveira highlighted the difficulties of living openly and safely as queer in parts of Fall River. However, they expressed hope that these inclusive laws, especially with an openly lesbian governor leading the state, would make young people in the community feel more confident about starting a family in the area.

Still, Robinson said, there is still work to be done.

They emphasize that passing legislation is only the first step: it remains crucial to raise awareness and effectively implement these protections, particularly in health care settings where disclosing one’s sexual orientation is not always safe.

Citing her client’s experience of having difficulty accessing documents after giving birth in another state, Robinson stressed the need for clear guidelines on what the process entails for families.

As the law prepares to take effect in January, advocates hope it will not only provide legal protections, but also foster greater public awareness and acceptance of nontraditional families.