Child Custody Laws Apply to Same-Sex Couples

On February 2, 2012, the Massachusetts Appeals Court has reiterated that child custody and related laws apply equally to both opposite and same-sex couples in the Commonwealth. In Della Corte v. Ramirez, the court held that the word “husband”, as appearing in the Massachusetts artificial insemination statute, must be interpreted in a gender neutral manner. Based on its ruling, the court confirmed that a child, conceived by artificial insemination and born to married women, was the legal child of both women. While not surprising, it must have been a tremendous relief to the non-biological parent.