MA · rules
Mass. Juv. Ct. R. Care & Prot. 6
Filing of birth certificates
A. Care and protection cases
The petitioner shall file, within sixty days of commencement of the action, a copy of the certified birth certificate issued after the date of the filing of the petition, of each child named in the petition. For good cause shown, the judge may waive or extend the time for the filing of the birth certificate. The petitioner may request an order from the court to produce a certified birth certificate pursuant to G. L. c. 46, § 2A.
B. Adoption, guardianship, parentage and change of name cases
If there is a copy of the child’s birth certificate on file in the care and protection case, the petitioner shall file the copy in the adoption, guardianship, parentage or change of name case. A judge shall order the petitioner to provide an updated certified birth certificate only when there is good cause to believe that the birth certificate may be amended due to a parentage issue. The petitioner or plaintiff may request an order from the court to produce a certified birth certificate pursuant to G. L. c. 46, § 2A.
History
Note A. It is important to have a recent copy of the child’s birth certificate to determine parentage and to provide parents with notice and the opportunity to be heard. “Good cause” should be construed narrowly and constitute more than mere inconvenience; however, there may be rare circumstances in which a copy of the birth certificate cannot be obtained or obtaining it would cause unreasonable delay in the disposition of the case. In such circumstances, including but not limited to instances in which a foreign birth certificate cannot be obtained, a judge may waive the filing of a copy of a birth certificate. In the event a foreign birth certificate is obtained, the burden is on the petitioner to provide an English translation. B. There may be circumstances in which the copy of the birth certificate in the care and protection case does not satisfy the requirements of this rule and cannot be used when filing an adoption, guardianship, change of name petition, or a parentage complaint. In those instances, if the petitioner or the plaintiff does not have custody of the child and cannot otherwise obtain a copy of the birth certificate, the petitioner or plaintiff may file a motion in the underlying care and protection case for a court order to produce the birth certificate for filing with the petition or complaint. The person seeking such an order may be permitted to appear in the care and protection case for the sole purpose of filing such a motion. An appearance for this limited purpose does not make the person a party to the care and protection case. Amended July 27, 2018, effective November 5, 2018 Amended May 1, 2025, effective August 4, 2025
Provenance
- Source
- www.mass.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-16
- Content hash
6c4c28e05ea152996d5759741e92389f32142383f7f516e567d46e997204adf1
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