Surrogacy Laws in Massachusetts

The Massachusetts Parentage Act

Massachusetts General Laws chapter 209C now includes detailed surrogacy provisions in sections 28 through 28P. These provisions address execution and enforceability of surrogacy agreements, required terms, termination, parentage, court proceedings and remedies.

Parentage under a gestational-surrogacy agreement

For a compliant gestational-surrogacy agreement, the statute provides that intended-parent rights vest at birth, subject to the exceptions written into the Act. The gestational surrogate and the surrogate's spouse or former spouse are not parents by operation of law in the ordinary compliant-agreement scenario.

Judgment of parentage

A party to a gestational-surrogacy agreement may commence a proceeding for a judgment of parentage before, on or after the child's birth. The statute defines what the court may declare and order, including intended-parent status and the surrogate's non-parent status.

Agreement requirements matter

The Act specifies requirements for executing and enforcing surrogacy agreements and requires particular terms. A journey that falls outside those requirements may be treated differently, so the agreement should be reviewed against the current statute rather than older Massachusetts case-law summaries.

Family structure

Massachusetts law states that children have equal rights and protections regarding parentage regardless of the parents' marital status, gender, gender identity or sexual orientation, including when a child is born through assisted reproduction or surrogacy.

Why older guides may be wrong

Before January 1, 2025, Massachusetts surrogacy guidance often focused on case law and court practice. That is no longer a complete description of current law because the Massachusetts Parentage Act created an express statutory framework.

Read the general surrogacy legal-process guide or return to the state index.