Mass. General Laws c.209C § 28H

Gestational surrogacy agreement; death of intended parent before the transfer or implantation of a gamete or embryo; exceptions

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 28H

Except as otherwise provided in section 28J, an intended parent shall not be a parent of a child conceived by assisted reproduction under a gestational surrogacy agreement if the intended parent dies before the transfer or implantation of a gamete or embryo unless: (i) the surrogacy agreement provides otherwise; and (ii) the transfer of a gamete or embryo occurs not later than 36 months after the death of the intended parent or birth of the child occurs not later than 45 months after the death of the intended parent.

Last updated:	August 8, 2024