Massachusetts now has a detailed, inclusive surrogacy framework under the Massachusetts Parentage Act. It authorizes compensated agreements, does not require marriage or a genetic link, and permits a streamlined parentage judgment before birth when the statutory process is followed.
State law provides a comparatively clear path for gestational-surrogacy agreements and parentage when its requirements are followed.
General Laws c. 209C, §§ 28B–28C make a compliant agreement enforceable and expressly allow consideration and reasonable expenses. All parties, including the surrogate's spouse if any, must sign before a procedure intended to cause pregnancy and before embryo or gamete transfer, with notarization and independent representation paid by the intended parents.
Each intended parent must be at least 21 and complete an independent mental-health consultation; genetic connection is not required and marriage is not an eligibility condition. At least one party must live in Massachusetts, or, if no party does, at least one covered medical evaluation, procedure, or mental-health consultation must occur there.
Section 28G makes the intended parent or parents legal parents by operation of law at birth. Under § 28I, a party may seek a judgment before, on, or after birth; a properly supported filing normally requires no hearing, and the court must act expeditiously and no later than 60 days after docketing.
Document a party's Massachusetts residence or the qualifying Massachusetts evaluation, procedure, or consultation before relying on the statutory agreement pathway.
Complete eligibility evaluations and independent legal review, then sign and notarize before any pregnancy-causing procedure and always before transfer.
The agreement must preserve the surrogate's decisions and assign all uncovered surrogacy-related and resulting-child medical expenses to the intended parents.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Engage separate Massachusetts counsel before treatment to confirm the state nexus, complete § 28A eligibility work, draft §§ 28B–28C terms, and assemble a timely § 28I parentage filing.
Each intended parent must be at least 21 and complete an independent mental-health consultation; genetic connection is not required and marriage is not an eligibility condition. At least one party must live in Massachusetts, or, if no party does, at least one covered medical evaluation, procedure, or mental-health consultation must occur there.
Coordinate the clinic, surrogate screening, insurance review, independent attorneys, and all required signatures before medication or embryo transfer. General Laws c. 209C, §§ 28B–28C make a compliant agreement enforceable and expressly allow consideration and reasonable expenses. All parties, including the surrogate's spouse if any, must sign before a procedure intended to cause pregnancy and before embryo or gamete transfer, with notarization and independent representation paid by the intended parents.
Section 28G makes the intended parent or parents legal parents by operation of law at birth. Under § 28I, a party may seek a judgment before, on, or after birth; a properly supported filing normally requires no hearing, and the court must act expeditiously and no later than 60 days after docketing.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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