Surrogacy Laws in Massachusetts
Fast Facts
- Is it a surrogate friendly state: Yes.
- Can Parent(s) obtain a birth order without an adoption: Yes.
- Can birth order be obtained without a genetic connection to Child: Yes.
Summary of Massachusetts Surrogacy Law
For the agreement to be valid and enforceable under Massachusetts General Laws Chapter 209C, §28(A-C) certain requirements must be met including but not limited to (1) all parties must be at least 21 years of age; (2) a mental health consultation is required for all parties; (3) the surrogate must have previously given birth; (4) the surrogacy agreement must be signed before conception occurs; (5) the agreement must not interfere with the surrogate’s right to make her own healthcare decisions; and (6) both the intended parents and the surrogate must have independent legal representation.
You can get a pre birth order if you meet the requirements of the statute regardless of the origin of the gametes as long as the egg does not come from the surrogate. Intended Parents can be single, married or unmarried partners.
– Summary provided by Melissa Brisman, Esq.
Attorneys specializing in surrogacy law in Massachusetts
Melissa Brisman, Esq.
Phone: (201) 505-0099
Email: info@reproductivelawyer.com
Kathleen A. DeLisle, Esq.
Phone: (508) 356-5185
Email: kadelisle@NDLLaw.com
Christine (“Chrissy”) M. Hanisco, Esq.
Phone: (978) 938-4380
Email: chanisco@lifestageslaw.com
Leslie R. Lightholder, Esq.
Phone: (508) 612-9380
Email: llighthoolder@ndllaw.com
Teri E. Robins, JD, MBA
Phone: (847) 682-0463
Email: teri@trlawoffices.com
Maya Shulman, Esq.
Phone: (818) 222-0010
Email: mshulman@slfg.us
Catherine Tucker, Esq.
Phone: (603) 290-5015
Email: catherine@tuckerfertilitylaw.com