Paternity Law and Procedure Handbook - Massachusetts 2025

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If the parents were never married, and there is no custody order in place, the mother has sole legal and sole physical custody of the child unless a judge orders otherwise.
You may be legally required to take a paternity test in California if a court has issued an order for a genetic test. If you refuse to comply with the court order, you may face penalties, including fines and jail time for contempt. Outside of a court order, you cannot be forced to take a paternity test in California.
By law, when parents are not married, the mother has custody of their child unless a court orders otherwise. A father who has legally established paternity can ask a court to make a decision about custody and visitation. The court will decide what is best for the child. DOR does not handle custody issues.
A mother who is unmarried can opt not to include the fathers name on their childs birth certificate. If a woman is married when her baby is born, then automatically it will be included as part of the document.
The Massachusetts Parentage Act updates the states parentage law so that it is clear, equitable, and provides legal protection for all families, including LGBTQ+ families and families formed through assisted reproduction. The law clarifies who can be legally recognized as a parent and how to establish parentage.
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If the parents arent married The person who gave birth has sole legal and physical custody of her child until a court orders otherwise.

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