Mass. General Laws c.209C § 28P

Breach of surrogacy agreement; remedies for non-breaching party

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)

Subject to subsection (d) of section 28L, if a genetic surrogacy agreement is breached by a genetic surrogate or 1 or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity.

(b)

Specific performance shall not be an available remedy for breach by a genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the genetic surrogate become pregnant, terminate or not terminate a pregnancy or submit to medical procedures.

(c)

Except as otherwise provided in subsection (b), specific performance shall be a remedy available for: (i) breach of a validated genetic surrogacy agreement by a genetic surrogate of a requirement which prevents an intended parent from exercising, immediately upon birth of the child, the full rights of parentage; or (ii) breach by an intended parent which prevents the intended parent’s acceptance, immediately upon birth of the child, of the duties of parentage.

Last updated:	August 8, 2024