Understanding the Case
In a recent decision, the Massachusetts Supreme Judicial Court (SJC) ruled that once a Voluntary Acknowledgment of Parentage (VAP) is signed — and the time limit to challenge it has passed — it’s final. That means a judge can’t later change or cancel it, even if DNA tests show the person who signed it isn’t the biological parent.
The case, A.D. v. K.S., involved a child born in 2017. The mother and the man she believed to be the father both signed a VAP shortly after the birth. Later, DNA testing showed he was not the biological father. But by then, the legal time limits to challenge the VAP — 60 days for reconsideration or one year in cases of fraud, duress, or mistake — had already expired.
A Probate and Family Court judge later tried to undo the VAP and change the child’s birth certificate. The Supreme Judicial Court stepped in and reversed that ruling. Their message was clear: once those deadlines are missed, the VAP is legally binding.
Why the Court Made This Decision
The SJC explained that a Voluntary Acknowledgment of Parentage isn’t just a form — it’s a legal document that establishes parental rights and responsibilities. Once signed and finalized, it affects things like:
- Child support and custody
- Health insurance
- Inheritance rights
Justice Dalila Argaez Wendlandt wrote that finality is crucial because it gives children stability and equality — no matter whether their parents are married or not. It prevents constant legal uncertainty about who their parents are.
Attorney Pamela Schaefer’s Insight
Pamela J. Schaefer, who represented the child’s mother in this case, said she understands the Court’s reasoning but also feels the law didn’t serve this specific family’s situation.
“The judge wasn’t ignoring the law,” she explained. “They were trying to recognize that some families fall through the cracks. People often act with the best intentions, but they don’t always get the right legal advice early on.”
Schaefer noted that while this ruling settles how far a judge’s powers go, it may also inspire lawmakers to update the law so families in similar situations have better options in the future.
What This Means for Families in Woburn and Middlesex County
This case is an important reminder for parents:
- Signing a Voluntary Acknowledgment of Parentage is a serious legal act. Once signed and finalized, it’s hard — often impossible — to undo.
- Get legal advice before signing. If there’s any doubt about paternity, talk to an attorney right away.
- Deadlines matter. You generally have 60 days to challenge a VAP, or up to one year if there was fraud or a mistake.
The ruling also reassures families that Massachusetts courts aim to protect a child’s emotional and financial stability. It avoids situations where a child might suddenly lose a parent figure they’ve always known.
Organizations like Community Legal Aid and Greater Boston Legal Services supported the decision, saying it prevents confusion and disruption for thousands of children statewide.
About Schaefer Law PC
At Schaefer Law PC, we focus exclusively on family law and domestic relations. Since 2000, our firm has served clients throughout Woburn, Middlesex County, and Greater Boston, helping families navigate legal challenges with skill and compassion.
Our services include:
- Divorce and separation
- Child custody and support
- Parentage and paternity matters
- Adoption and mediation
- Estate planning, probate, and trust administration
We know family law is personal — and we’re here to guide you with empathy, clarity, and strong advocacy.
Meet Attorney Pamela J. Schaefer
Attorney Pamela J. Schaefer has practiced family law for over 35 years. She’s known for her thoughtful, client-focused approach and deep understanding of Massachusetts family law.
She also offers mediation and collaborative law services, helping families resolve disputes respectfully — without unnecessary conflict.
Closing Thoughts
The A.D. v. K.S. case highlights how important it is to understand your legal rights before signing anything that affects your family. It’s also a reminder that the law must constantly evolve to reflect real life — where intentions, emotions, and circumstances are rarely simple.
At Schaefer Law PC, we’re committed to helping families find clarity and stability, even when the legal landscape feels complicated.
If you have questions about parentage, custody, or family law in Woburn or Middlesex County, reach out to our team — we’re here to help.