Everything You Need to Know About Massachusetts Surrogacy Laws

Massachusetts, like many other US states, does not have any state laws governing surrogacy arrangements. Instead, the legal process in Massachusetts is based on three published surrogacy cases, the guidance of experienced surrogacy professionals, and legal precedents set by surrogacy attorneys in Massachusetts. Before embarking on your surrogacy journey in this state, it's essential to understand surrogacy laws in Massachusetts and how they apply to your situation. In this article, we'll cover the most important things you need to know about surrogacy in Massachusetts.

Is surrogacy legal in Massachusetts?

Although Massachusetts does not have any surrogacy laws, the state's Supreme Court has allowed surrogacy in various cases, such as Hodas v. Morin, Culliton v. Beth Israel Deaconess Med. Ctr., and R.R. v. M.H. As a result, surrogacy is currently permitted for intended parents and surrogates in Massachusetts. Nevertheless, due to the intricate legal procedures involved, it is essential for all parties involved in a surrogacy agreement to collaborate closely with a knowledgeable surrogacy attorney in Massachusetts to safeguard their rights and interests.

Can surrogates be compensated in Massachusetts?

Yes, compensated surrogacy is legal in Massachusetts. While the state's surrogacy laws do not specifically address compensation in surrogacy agreements, surrogates are allowed to receive base compensation for their services in the state.

Can traditional surrogacy arrangements be legally recognized in Massachusetts?

Even though Massachusetts has no laws prohibiting traditional surrogacy, the state treats the process similarly to adoption. Therefore, a traditional surrogate cannot legally consent to relinquish her parental rights until four days after the baby's birth, although she can immediately give custody of the baby to the intended parents. If the intended father is not biologically related to the child, both intended parents must undergo a formal adoption process.

What does a surrogacy agreement in Massachusetts cover, and how does the legal process work?

In Massachusetts, where there are no specific surrogacy laws regulating the creation of a surrogacy agreement, the legal process generally follows similar procedures to those in other states. To create a surrogacy agreement, you will need to work with an experienced surrogacy attorney to negotiate and draft a contract that addresses the rights and obligations of all parties involved. This process will involve working with your surrogacy partner's attorney as well. The contract will cover key elements such as your surrogacy goals, potential risks and liabilities, surrogate compensation, and other financial details. Additionally, the agreement will include provisions for communication and contact expectations, delivery plans, and establishing parental rights.

Are surrogacy contracts enforceable in Massachusetts?

The legal enforceability of surrogacy contracts in Massachusetts is complex. While a 1998 case law deemed compensated traditional surrogacy contracts unenforceable, the enforceability of gestational surrogacy contracts remains unaddressed by Massachusetts law. To gain a better understanding of this legal issue, it is recommended to consult with an experienced surrogacy attorney in Massachusetts.

What are the Massachusetts laws regarding parentage orders in surrogacy?

In Massachusetts, surrogacy courts can grant pre-birth parentage orders to intended parents who have a genetic relationship with the child to be born. This includes both married and unmarried couples, as long as at least one partner is genetically related to the child. However, unmarried couples must sign a voluntary acknowledgement of paternity after birth. If there is no genetic relationship between the intended parents and the child, a pre-birth order cannot be obtained.

It's important to note that second-parent and stepparent adoptions can be complex, and intended parents seeking to complete either type of adoption should consult with a local Massachusetts adoption attorney.

When do intended parents need to complete an adoption after birth?

Intended parents in Massachusetts usually need to complete an adoption after the birth if neither of the intended parents has a genetic relationship with the child born via surrogacy. However, if at least one intended parent is genetically related to the child, they can obtain a pre-birth order or complete a voluntary acknowledgement of paternity. It is important for intended parents to consult with a local adoption attorney to ensure they are following the correct legal process.

Does Massachusetts allow second-parent adoptions?

Massachusetts allows for second-parent adoptions, which are typically utilized by unmarried intended parents, while married intended parents may opt for a stepparent adoption. However, determining the best course of action for establishing parental rights can be complex. It is recommended that intended parents consult with a surrogacy attorney to assess their specific circumstances and determine whether one of these adoption processes is necessary.

What happens in cases where intended parents use a donor egg, sperm or embryo?

In most cases of Maryland surrogacies involving a donor gamete, intended parents can still obtain a pre-birth order. If the intended parents are unmarried, they may need to obtain a post-birth order after a voluntary acknowledgement of paternity.

If neither intended parent has a genetic connection to the child born via surrogacy, an adoption will usually be necessary to establish their legal parental rights. However, it's important to consult with a local surrogacy attorney to determine the specific legal steps required in your situation.

Are there any additional laws impacting same-sex surrogacy in Massachusetts?

No, same-sex couples seeking to use surrogacy in Massachusetts are subject to the same laws and regulations as heterosexual couples. There are no additional legal requirements or restrictions based on sexual orientation or gender identity.

If you're thinking about surrogacy in Massachusetts, it's important to work with a reliable and experienced agency like Massachusetts Surrogacy Center. Our team is well-versed in Massachusetts surrogacy laws and can help you navigate the process smoothly.

We welcome both intended parents and surrogates from Massachusetts and are committed to making sure that everyone involved has a positive experience. Whether you're looking to become a surrogate or grow your family through surrogacy, we can provide guidance and support every step of the way.

At Massachusetts Surrogacy Center, we understand that every surrogacy journey is unique. That's why we offer personalized services tailored to your needs and preferences. Our team can help you with everything from finding the right surrogate or intended parents to creating a surrogacy contract and establishing parental rights.

We also prioritize communication and transparency throughout the surrogacy process. You can expect regular updates and open communication with your surrogacy specialist, ensuring that you always feel informed and supported.

If you're interested in surrogacy in Massachusetts, please don't hesitate to contact our agency. We're here to help you build the family you've always dreamed of.