Mass. General Laws c.209C § 28O

Death of intended parent between transfer of a gamete or embryo and the birth of the child; death of intended parent before transfer 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

(a)

Except as otherwise provided in sections 28M or 28N, upon the birth of a child conceived by assisted reproduction under a genetic surrogacy agreement, each intended parent shall be, by operation of law, a parent of the child, notwithstanding the death of an intended parent during the period between the transfer of a gamete or embryo and the birth of the child.

(b)

Except as otherwise provided in sections 28M or 28N, an intended parent shall not be a parent of a child conceived by assisted reproduction under a genetic surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless: (i) the agreement provides otherwise; and (ii) the transfer of the 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