Your Right to Help Your Child Access Gender-Affirming Care
I Helped My Transgender Child Access Gender-Affirming Care.
How Will This Impact Custody in Massachusetts Family and Probate Court?
Good news! Parents who support their transgender children by helping them access gender-affirming care (“GAC”) are well-protected under Massachusetts law, and it is likely that the Court will find you have acted in your child’s best interests.
Massachusetts recently passed a law that protects supportive parents helping their transgender children seek and access GAC. Let’s look at both the broad landscape of federal laws impacting transgender children accessing GAC, and the state-specific protections in Massachusetts that shield transgender children and their supportive parents from the state-sponsored transphobia.
The population most at-risk of losing access to GAC is unemancipated minors, generally meaning youth under the age of 18. In 2025, the Supreme Court ruled in United States v. Skrmetti that states are allowed to pass total bans on GAC for children under the age of 18. Since 2025, over half of U.S. states have passed total bans on GAC for minors, with civil and criminal penalties for adults that help these children access the care they need. Less than one-third of U.S. states have passed laws protecting access to GAC for minors. The remaining states have no laws on the books concerning GAC for minors. Fortunately, Massachusetts has some of the most robust legal protections for transgender children in the country.
Under Massachusetts General Law Chapter 12, § 11I½, access to GAC is a protected right for all citizens of Massachusetts. The law explicitly states that “interference with this right… is against the public policy of the Commonwealth.” The law forbids any state agencies or state employees from enforcing, or assisting another state in enforcing, any laws banning GAC.
For example, Florida Statute § 456.52(3) says that hormone replacement therapy (commonly known as “HRT,” and includes hormones like testosterone or estradiol) can only be prescribed by a physician. But in Massachusetts, the act of prescribing HRT is not limited to physicians. It can be prescribed by a nurse practitioner, a physician’s assistant, an endocrinologist, or another licensed healthcare practitioner. If a nurse practitioner in Massachusetts prescribes a transgender man testosterone, the Florida law banning that practice cannot be used to prosecute the nurse practitioner that prescribed the testosterone, or the transgender man that received the care. Nor can any Massachusetts state agencies or employees assist the state of Florida in attempting to prosecute the case.
Though it may seem far-fetched that a person would try to use Florida state laws to punish a person in Massachusetts, child custody cases often cross state lines. Custody negotiations can be complicated, and a parent that is not supportive of their child’s transition may seek to use the restrictive laws of one state as a cudgel against another parent in the custody negotiation. Luckily, the Massachusetts legislature sought to address this issue by creating protections for the supportive parents of transgender children.
In 2025, the legislature passed Massachusetts General Law chapter 208, § 56. This law says, “No court in the commonwealth shall admit or consider a finding of abuse, neglect or maltreatment based on a parent or guardian allowing their child to receive or seek gender-affirming health care services.” Specifically, the law protects the parents of transgender children in four ways:
The laws of a state other than Massachusetts that authorize a child to be removed from the care of a parent because the parent allowed their child to receive GAC cannot be used to alter custody, parenting time, or visitation in any Massachusetts courts. M.G.L. ch. 208, § 56(a).
The laws of a state other than Massachusetts cannot be used to prove that a parent neglected, abused, or maltreated a child just because they assisted or allowed their child to access GAC. M.G.L. ch. 208, § 56(b).
A parent cannot be found guilty of abuse, neglect, or maltreatment in Massachusetts simply because the parent helped their child to receive GAC. M.G.L. ch. 208, § 56(b).
When considering interstate custody agreements for transgender children, the Massachusetts Family and Probate Court shall consider the likely disruption or discontinuation of GAC if the other state has laws that prohibit children from receiving GAC or penalize parents who allow their child to receive GAC. M.G.L. ch. 208, § 56(c).
Simply put, if you are negotiating a custody agreement through the Massachusetts Family and Probate Court, it is against the law for you to be penalized for helping your child access gender-affirming care. If you wish to remain in Massachusetts and your co-parent wishes to move to Florida and bring your transgender child with them, the court will consider the fact that your transgender child may lose access to gender-affirming care by moving to Florida.
If you have further questions, Brick Legal, PLLC is here to help. Schedule a free, 45-minute consultation through the “Meet With Us” tab. Here at Brick Legal, we believe all transgender people have the right to live happily in a society that embraces and celebrates them as they are. The rights of transgender people are under attack. We intend to stand up and fight back.