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Child Custody Laws Apply for Same-Sex Parents in Massachusetts

The divorce proceedings of a same-sex couple in Massachusetts challenged how child custody laws apply to heterosexual couples versus same-sex couples. The recent argument and subsequent ruling by the Massachusetts Appeals Court centers on the wording of the current child custody laws that explicitly states ‘husband’ and ‘married woman.’ Constitutional protections were extended to same-sex couples with the 2003 ruling of the Supreme Judicial Court. Therefore, same-sex and heterosexual marriages fall under the same legal guidelines for marriage benefits. The divorce case involved a same-sex couple who had a child via artificial insemination. Even though the child was conceived prior to their marriage, the court ruled both parties made a conscientious decision to become parents. Read the full story here.

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