Surrogacy in Massachusetts

Gestational Surrogacy in Massachusetts

Gestational surrogacy is supported in Massachusetts by three notable cases decided by the Commonwealth’s Superior Court – Hodas v. Morin (2004); Culliton v. Beth Israel Deaconess Med. Ctr. (2002); and R.R. v. M.H. (1998). Couples (married or partnered) and single individuals, regardless of sexual orientation, may obtain a pre-birth order so long as there is some genetic connection. A hearing is typically not required but is ultimately up to the judge’s discretion.

Surrogacy Is Legal in Massachusetts

Yes. Gestational surrogacy is legal in Massachusetts pursuant to Massachusetts published case law.

Massachusetts has clear legal opinions supporting gestational surrogacy, providing a secure legal environment for intended parents and surrogates. Courts in the state are known for upholding gestational surrogacy agreements.

The state is home to world-class medical facilities and reproductive clinics like CCRM Boston that offer advanced fertility treatments and surrogacy services. Massachusetts is also home to many professionals experienced in reproductive law, facilitating a smoother legal process for surrogacy arrangements, including ConceiveAbilities’ Director of Legal Services, Gina-Marie Madow.

Understanding Surrogacy Laws in Massachusetts

Legal Parentage

The legal parentage process is the critical step whereby parentage is determined. Depending on where your child is born, the parentage process will be completed either pre- or post-birth.

Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the state’s Office of Vital Records to name the intended parents on the child’s birth certificate.

Massachusetts generally has a process for pre-birth orders that establish the intended parents’ legal parental rights assuming there is at least one genetic connection between the Intended parent(s) and the embryo.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders or processes may also be necessary if an available pre-birth order process isn’t followed, ensuring legal parentage.

Massachusetts permits post-birth orders. Additionally, a post-birth acknowledgment of paternity will be necessary if the intended parents are not married and only one parent is genetically related to the child.

Common Questions About Massachusetts Surrogacy Law

Do You Need a Medical Need for Surrogacy in Massachusetts?

Although there is no specific law on this, It is best practice to only pursue surrogacy in Massachusetts if you have a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

No, Massachusetts does not require intended parents to be married. Massachusetts also allows single individuals to pursue surrogacy.

Do Intended Parent(s) need a genetic connection to the embryo?

In Massachusetts, there has to be at least one genetic connection between the intended parent(s) and the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Massachusetts?

Yes, international parents can pursue surrogacy in Massachusetts. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes Massachusetts allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Massachusetts. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your surrogacy journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Massachusetts?

Generally no. Intended parents do not need to be Massachusetts residents to carry out a surrogacy journey in Massachusetts. Similarly, Gestational Carriers are not required to reside in Massachusetts, but for the law to cover their agreement, they usually must give birth within the state.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

As of January of 2024, Massachusetts does not have an explicit statute related to surrogate rights, but reputable agencies turn to ASRM for best practices.