
Understanding Surrogacy Legal Support in Massachusetts
Massachusetts is considered a surrogacy-friendly state, though it currently does not have a comprehensive surrogacy statute. Instead, courts rely on well-established case law and routinely grant pre-birth parentage orders for both gestational and traditional surrogacy arrangements.
The Massachusetts Parentage Act updates and clarifies legal parentage in the state. It provides express legal recognition of non-biological and intended parents, and supports enforceable surrogacy agreements when:
- All parties are represented by independent legal counsel.
- The surrogate is at least 21 years old and has given birth before.
- Medical and mental health screenings are conducted.
- A written agreement is signed before any medical procedures.
Courts in Massachusetts typically allow pre-birth parentage judgments, which ensures the intended parents are named on the birth certificate from day one. These legal protections make Massachusetts one of the most secure environments for intended parents, particularly LGBTQ+ couples and single individuals.