Massachusetts law about surrogate parenting

Laws and cases on surrogate parents, including both traditional surrogates, who use their own egg and carry a baby for another, and gestational surrogates, who carry a baby created from the egg of another woman.

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Massachusetts laws

MGL c. 209C, § 1 Declaration of purpose; definition; responsibility for support
"A child shall have the same rights and protections under law to parentage without regard to the marital status, gender, gender identity or sexual orientation of their parents or the circumstances of the child’s birth, including whether the child was born as a result of assisted reproduction or surrogacy." See also: St. 2024, c. 166 An act to ensure legal parentage equality.

MGL c. 209C, §§ 28A-28P Surrogacy agreements

MGL c. 210, § 2 Written consent by certain persons; form of consent; identification of father 
MGL c. 210 concerns “Adoption of Children and Change of Names.”

MGL c. 210, § 11A Adoption services offered by certain persons or agencies; penalties
Penalties for advertisement of children offered for adoption.

MGL c. 215, § 6 Courts and their jurisdictions; equity jurisdiction

Selected cases

Adoption of Daphne, 484 Mass. 421 (2020)
“Because of the unavailability of a prebirth determination, in the circumstances presented here, we are forced to decide this case under the adoption statute.”

Culliton v. Beth Israel Deaconess, 435 Mass. 285 (2001)
"[T]he adoption statute was not intended to resolve parentage issues arising from gestational surrogacy agreements."

Guardianship of Keanu, 100 Mass. App. Ct. 64 (2021)
"Although the SJC concluded more than twenty years ago that surrogacy contracts may be lawful, ... the details of what such contracts require, and when they may be used, remain largely undefined. This case highlights the need for clarity and predictability with respect to these areas of the law, so that the risks of instability and the costs attendant on surrogacy may be reduced in order to protect children born through surrogacy, as well as the intended and biological parents (and, where relevant, the gestational carrier)." 

Hodas v. Morin, 442 Mass. 544 (2004)
Court ruled the Massachusetts Probate and Family Court had jurisdiction to issue a pre-birth order even though the gestational surrogate mother and her husband as well as the intended parents whose egg and sperm were used to create the pregnancy lived in other states. Even though none of the contracting parties lived in Massachusetts, where the agreement specified that Massachusetts law would control and the birth was to take place in a Massachusetts hospital, jurisdiction existed in the probate court.

R.R. v. M.H., 426 Mass. 501 (1998) 
Surrogate agreement was unenforceable because mother's consent to surrender custody of child to the biological father was given before the fourth day after the child's birth and it was made in consideration of monetary payment which was above the mother's pregnancy-related expenses.

Forms

Genetic surrogacy forms, Mass. Probate and Family Court.

Voluntary acknowledgment of parentage form, Mass. Child Support Services Division.

Web sources

Parentage | Massachusetts, GLAD.
Frequently asked questions about the new Massachusetts Parentage Act, including surrogacy.

What is surrogate parenthood?, Findlaw. (Last reviewed 7/28/23.)
“This article provides a general overview of surrogate parenthood, including applicable laws.”

Print sources

ABA guide to assisted reproduction: Techniques, legal issues and pathways to success, ABA, 2016. (eBook available with library card)
Chapter 4 The legal implications; Chapter 5 The surrogacy process. Although not a Massachusetts-specific resource, it provides a good overview of the process. 

Adoption and reproductive technology law in Massachusetts, 2^nd ed., MCLE, 2018.

Family law and practice: With forms, 4^th ed. (Mass Practice v.1-3), Thomson Reuters, 2013 with supplement.
Section 26:6 Surrogacy arrangements.

Lesbian, gay, bisexual and transgender family law, Courtney G. Joslin, Thomson Reuters, annual.
Chapter 4 “Surrogacy.”

LexisNexis practice guide: Massachusetts family law, annual, West, 2015-
Chapter 11 Surrogacy and gestational agreements.

"How to not break the maternity tie: Recognizing the rights of gestational carriers & a proposal for shared legal motherhood," Massachusetts Family Law Journal October-November 2005, Vol. 23 Issue 5, pp.133-149.

“Validity of Surrogate Parenting Agreement,” 19 A.L.R.7th Art. 4 (2016- )

Last updated:	February 7, 2025