Mass. General Laws c.209C § 28A

Executing surrogacy agreements; requirements

This is an unofficial version of a Massachusetts General Law. For more information on this topic, please see:

• Law about parentage
• Law about surrogate parenting

Updates

Added by St. 2024, c. 166, § 65, effective January 1, 2025

(a)

To execute a surrogacy agreement to act as a surrogate, a person shall: (i) be not less than 21 years of age; (ii) have previously given birth to at least 1 child; (iii) complete a medical evaluation by a licensed physician related to surrogacy; and (iv) complete a mental health consultation by a licensed mental health professional that is independent of the health care providers or facility undertaking any assisted reproduction procedure contemplated by the surrogacy agreement.

(b)

To execute a surrogacy agreement as an intended parent, whether or not genetically related to the child, a person shall: (i) be not less than 21 years of age; and (ii) complete a mental health consultation by a licensed mental health professional that is independent of the health care providers or facility undertaking any assisted reproduction procedure contemplated by the surrogacy agreement.

Last updated:	August 8, 2024