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Bill

H 2002

An Act relative to parental visitation and custody for children of rape victims

194th Legislature (2025-2026) Introduced by Alyson Sullivan-Almeida

Bill restricts or eliminates parental custody and visitation rights for individuals convicted of rape in relation to children conceived through that assault.

Accompanied a study order, see H5281 (under House Rule 27)
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Bill Summary · H 2002

Legislative bill overview

H 2002 modifies Massachusetts law regarding parental visitation and custody rights when a child was conceived through rape. The bill addresses the legal standing of individuals convicted of rape to petition for custody or visitation of children resulting from that assault, potentially restricting or eliminating such parental rights.

Why is this important

This bill directly affects reproductive autonomy and child welfare by determining whether convicted rapists can maintain legal parental relationships with victims through court-ordered contact. The outcome influences both the rights of rape survivors and the legal status of children born from sexual assault, touching on deeply personal matters of family law and trauma.

Potential points of contention

  • Survivors' rights and trauma: Granting custody/visitation rights to rapists could force ongoing contact between victims and perpetrators, perpetuating trauma and power imbalances that characterized the original crime
  • Children's best interests standard: Courts traditionally use the "best interests of the child" framework; debate exists over whether a parent's criminal conviction for rape should be presumptive evidence against custody or whether individual assessments are necessary
  • Due process and parental rights: Constitutional questions about whether convicted individuals retain fundamental parental rights, and whether denying them differs from other categories of parental rights restrictions (felony convictions, abuse findings)
  • Implementation clarity: The bill's specific scope—whether it applies only to rape convictions, at what stages of custody proceedings, and what remedies exist for established relationships—may be ambiguous

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

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