Mass. General Laws c.209C § 28D

Validity of a surrogacy agreement; marriage, divorce, or annulment of the surrogate or of an intended parent

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

• Law about surrogate parenting

Updates

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

Section 28D

Unless a surrogacy agreement expressly provides otherwise: (i) the validity of a surrogacy agreement shall not be affected by the marriage of the surrogate or of an intended parent after the surrogacy agreement has been signed by all parties and in such instances: (A) the surrogate’s spouse’s or intended parent’s spouse’s consent to the surrogacy agreement shall not be required; and (B) the surrogate’s spouse or intended parent’s spouse shall not be a presumed parent of a child conceived by assisted reproduction under the surrogacy agreement; or (ii) the divorce or marriage annulment of the surrogate or of an intended parent after the surrogacy agreement has been signed by all parties shall not affect the validity of the surrogacy agreement.

Last updated:	August 8, 2024