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Bill

SD 450

An Act protecting victims of rape and their children

194th Legislature (2025-2026) Introduced by Mark Montigny

Establishes legal protections limiting parental and custodial rights of rape perpetrators over children conceived through sexual assault in Massachusetts.

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Bill Summary · SD 450

Legislative bill overview

SD 450 proposes legal protections for victims of rape and their children in Massachusetts, likely addressing parental rights, custody, and legal proceedings involving offspring resulting from sexual assault. The bill aims to establish safeguards that prioritize victim safety and child welfare in cases where conception resulted from rape.

Why is this important

Rape survivors who become pregnant face unique legal and safety challenges, particularly regarding parental rights of the perpetrator and custody arrangements that could force ongoing contact with their assailant. These protections affect real families' ability to rebuild safely and can prevent re-traumatization through the legal system or unwanted parental involvement.

Potential points of contention

  • Scope of parental rights limitations – Defining what restrictions should apply to perpetrators' custody, visitation, or decision-making authority, and whether biological paternity alone justifies complete legal exclusion
  • Due process and proof standards – Determining what evidence threshold establishes rape (conviction required, preponderance of evidence, or victim testimony) before parental rights are restricted
  • Balancing child's potential interests – Addressing whether children have independent interests in knowing biological parentage or family connection, versus protecting them from perpetrator contact

Compiled from official sources — confirm details with the bill’s official record.

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