Surrogacy Laws in Massachusetts

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Fast Facts

  • Is it a surrogate friendly state: Yes, Massachusetts is friendly for gestational surrogacy.
  • 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

Gestational Surrogacy is permitted by case law established by the highest court in Massachusetts: Hodas v. Morin (2004); Culliton v. Beth Israel Deaconess Med. Ctr.(2002); R.R. v. M.H. (1998). Massachusetts allows gestational surrogacy regardless of genetic connection or marital status. Pre-birth orders are permitted and obtainable. Massachusetts does not discriminate and the statutes are gender neutral. Parents are listed as “Parent” on the birth record and gender and/or gender identity is not relevant.

Summary provided by

Melissa Brisman, Esq.
Melissa B. Brisman Esq. Reproductive Lawyer
(201) 505-0099
1 Paragon Dr., Suite 115
Montvale, NJ 07645


Attorneys specializing in surrogacy law in Massachusetts

Leslie Lightholder, Esq.
Nichols, Delisle & Lightholder P.C.
(508) 356-6634
14 Main Street
Southborough, MA 01771

Kathleen A. DeLisle, Esq.
Nichols, Delisle & Lightholder P.C.
(508) 356-5185
14 Main Street
Southborough, MA 01771

Chrissy Hanisco
The Stein Law Firm PLLC
81 Pleasant Street
Concord, NH 03301

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