Mass. General Laws c.209C § 28F

Termination of gestational surrogacy agreements

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

(a)

A party to a gestational surrogacy agreement may terminate the agreement at any time before an embryo transfer or implantation by giving written notice of termination to all other parties. If an embryo transfer or implantation does not result in pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer or implantation.

(b)

Unless a gestational surrogacy agreement provides otherwise, upon termination of the agreement under subsection (a), the parties shall be released from the agreement; provided, however, that the intended parent or parents remain responsible for expenses that are reimbursable under the agreement and incurred by the gestational surrogate through the date of the termination of the agreement.

(c)

Except in a case involving fraud, neither a gestational surrogate nor the surrogate’s spouse or former spouse, if any, shall be liable to the intended parent or parents for punitive or liquidated damages for terminating a gestational surrogacy agreement in compliance with this section.

Last updated:	August 8, 2024