Is compensated surrogacy legal in Massachusetts?
Yes. Massachusetts had long permitted surrogacy through case law and court practice, and recent statutory reform — the Massachusetts Parentage Act — codified clear rules for compensated gestational surrogacy.
Are pre-birth parentage orders available?
Yes. Massachusetts courts have a well-established practice of issuing pre-birth orders for gestational surrogacy arrangements.
What the law requires
Written agreement
A surrogacy contract meeting statutory requirements, executed before medical procedures begin.
Independent legal counsel
Separate attorneys for the surrogate and intended parents.
Medical evaluation
A medical evaluation confirming the surrogate's readiness for the process.
Mental health consultation
Psychological screening as part of the standard process.
"Massachusetts courts had years of practical experience with surrogacy before the law was formally codified — the recent statute mostly confirmed what was already working."
Who can be an intended parent in Massachusetts
Massachusetts law applies to single individuals, married couples, and same-sex couples pursuing surrogacy.
What this means for you as a surrogate
Massachusetts offers a stable, well-tested legal environment for surrogacy. As always, your independent attorney will confirm exactly how the law applies to your agreement.