Mass. judge to decide if state can move forward with teen gender transition against parents' will

Tim Dunn, Boston Herald on Oct 28, 2026

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A Massachusetts judge will decide Thursday if state officials can move forward with providing a teenage girl with a medical gender transition against the will of her parents, as an ongoing child custody battle that’s gained national attention reaches the boiling point.

Joseph and Arlene Kutzko will appear in a Massachusetts Family Courtroom in the hopes of stopping DCF and Massachusetts officials from medically transitioning their daughter, Sophie, now 17, into a male. They say the state took custody of Sophie when she was 15 years old, in December 2024, after they would not recognize her as a boy or call her by male names and pronouns, issuing a permanent restraining order against them.

They say Sophie’s high school — Algonquin Regional High School, in Northboro — secretly initiated the process without their knowledge.

On top of gaining national media attention, the Kutzkos' case has also drawn support from the Trump administration, with the Justice Department filing an amicus brief with the U.S. Supreme Court last month in support of parental rights as part of a lawsuit out of the state of Washington, where petitioners are suing Democratic Gov. Bob Ferguson over a state law allowing state officials to make medical referrals for minors when the child asks, regardless of parental consent.

That same week, the U.S. Education Dept. launched an investigation into the Northboro-Southboro School District to determine if the district violated the Protection of Pupil Rights Amendment (PPRA) and the Family Educational Rights and Privacy Act (FERPA).

The school district says it’s aware of the federal probe, releasing a statement Thursday saying it “welcomes and will cooperate fully with any authority investigating this matter.”

Gov. Maura Healey defended DCF when asked about the case by reporters, saying the Kutzkos’ claims are “incorrect,” adding that Sophie was taken by the state due to criminal charges brought against them.

“Let me be clear about the facts in that matter. First of all, DCF did not remove the child because of a health issue or a gender-affirming care issue. DCF removed the child after there were criminal charges filed against the parents, including the father,” Healey said.

The Kutzko’s attorney, Vernadette Broyles, told the Herald that Healey is misrepresenting the truth and that no criminal charges stand against the parents.

Court documents obtained by the Herald indicate Sophie accused Joseph of allegedly punching her, pulling her hair and threatening to kill her.

Those allegations led to no finding of guilt in both juvenile and criminal court in February 2025, with the Kutzkos reaching a nonguilty disposition with prosecutors. Broyles says the Kutzkos reached this agreement after their legal fees exceeded $150,000, resulting in a pretrial probation. She says the probation set on the Kutzkos will be lifted after one year as long as they commit no crimes during that period.

Broyles says a restraining order still stands against the parents after an unidentified adult allegedly assisted Sophie in obtaining a restraining order against them after she had been in state custody for nearly a year.

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