Massachusetts passed new legislation in 2025 that officially legalized gestational surrogacy. This major step forward gives you a clearer path to building your family or helping someone else grow theirs.
Whether you’re a hopeful parent or a prospective surrogate, understanding how Massachusetts’ legal framework shapes your journey is essential. This guide walks you through everything you need to know, including what’s in a surrogacy contract, how parentage is established and the role of surrogacy attorneys.
If you’re ready to learn more about the surrogacy legal process, schedule a consultation with one of our specialists today.
Massachusetts Surrogacy Laws: What the Parentage Act Means for You
The Massachusetts Parentage Act, which went into effect in 2025, officially legalized gestational surrogacy. It amended portions of Chapter 209 and Chapter 46 of the Massachusetts General Laws to clarify who qualifies as a legal parent and how that status is established in surrogacy cases.
Under this act:
Surrogacy contracts are valid and enforceable. Pre-birth orders are available to intended parents regardless of genetic connection or marital status. LGBTQ+ couples and single parents are granted equal legal protections.
This legislation ensures you’re not left guessing about your rights or your path to parenthood.
Is Paid Surrogacy Legal in Massachusetts?
Yes. Massachusetts law allows intended parents to compensate their surrogate. The payment must be clearly defined in the legal agreement and deemed reasonable. While there are no specific state-imposed guidelines, transparency and mutual consent are required.
Because American Surrogacy works nationwide, we can match you with a surrogate in Massachusetts where paid surrogacy is legal.
Want to learn more about how surrogate compensation works? Explore surrogate pay details now.
Are Surrogacy Contracts Enforceable in Massachusetts?
Yes. The Massachusetts Parentage Act provides a framework for enforceable surrogacy contracts. Here’s what’s required:
The surrogate and the intended parents must each have their own legal representation. The contract must clearly express intent around parentage, outline custody and medical decisions and confirm that the surrogate maintains autonomy over her health during the pregnancy. A Massachusetts judge must approve the contract before any medical procedures can begin.
Surrogacy Contract Checklist
Every surrogacy journey begins with a strong foundation — your legal agreement. Here’s what should be included in a surrogacy contract:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
American Surrogacy coordinates with top surrogacy attorneys to ensure your contract reflects your goals and complies with Massachusetts surrogacy law.
When Do I Need a Surrogacy Contract in Massachusetts?
You’ll begin drafting your surrogacy contract after you’ve been matched. This agreement must be approved before starting any fertility treatments.
Want to learn more about the legal timeline? Your journey will involve various steps — each stage bringing you closer to your goal of building a family.
Where Do I Sign My Surrogacy Contract?
The contract must be signed in Massachusetts if either the intended parents or the surrogate live in the state. This ensures jurisdiction under Massachusetts law and eligibility for pre-birth orders.
The law also requires tall parties to sign the agreement in front of a notary public. You can find a notary services at:
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Banks
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UPS Stores
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Online notary platforms
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Local government offices
Moving Forward With Confidence: How American Surrogacy Supports You During the Contract Stage
We’ll work side by side with your attorney to ensure your legal agreement is clear, complete and tailored to your preferences.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
Before we even present a surrogate’s profile to intended parents, we review the surrogacy laws in their state. That means when you’re ready to move forward, everything is already aligned with Massachusetts law.
American Surrogacy makes it easier and more affordable to complete your journey.
LGBTQ+ Surrogacy Laws in Massachusetts: Equal Legal Protection for All Families
Massachusetts is one of the most inclusive states in the country when it comes to LGBTQ+ surrogacy law. Here’s what you should know:
Birth certificates always list "Parent" and "Parent." Pre-birth orders are available to all married or unmarried LGBTQ+ couples — even if neither partner shares a genetic connection to the baby. Second-parent adoptions are available to both married and unmarried LGBTQ+ couples.
American Surrogacy proudly supports all family-building journeys.
Abortion Laws in Massachusetts and Surrogacy Contract Termination Clauses
Currently, Massachusetts bans abortion after 24 weeks.
Because of this law, it’s important to include clear language in your legal agreement about potential outcomes like termination or selective reduction. That way, everyone is on the same page and understands how those decisions would be handled.
If Massachusetts' abortion laws doesn't align with your preferences, that's okay. American Surrogacy can help you complete your journey in another surrogacy-friendly state.
Surrogacy Laws for Establishing Parentage in Massachusetts
Establishing parentage is one of the most important legal steps in the surrogacy journey. In Massachusetts, your options include:
These are available to single parents and couples in Massachusetts, regardless of their genetic relationship to the child or marital status. A post-birth order may be issued if a pre-birth order wasn’t obtained prior to the baby’s delivery.
Massachusetts parentage law gives you the assurance that you’ll be recognized as your child’s legal parent.
How to Get a Pre-Birth Order
Here's how to get a pre-birth order in Massachusetts with the help of your attorney:
Your attorney will help determine the right time to file and ensure the court has time to review and issue the order in advance of the birth. A hearing may be held if the court needs more information. The birth certificate is usually available within three to five business days after the baby is born or within one to two weeks if the birth takes place in Boston.
International Surrogacy Laws in Massachusetts: Finding a Surrogate Match in the U.S.
Massachusetts does not have unique laws for international intended parents, but the existing laws apply regardless of where you live.
American Surrogacy works with hopeful parents from around the world. Depending on the country you live in, we can help you find a qualified surrogate in the U.S.
Ensuring a Smooth Legal Process: The Role of a Surrogacy Attorney in Massachusetts
Your surrogacy attorney ensures that every legal step is completed correctly, your rights are protected and your contract meets Massachusetts requirements.
American Surrogacy partners with trusted attorneys across the state and can connect you with one.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
Legal fees in Massachusetts typically range from $5,000 to $15,000. Intended parents are responsible for covering the surrogate’s legal costs.
American Surrogacy includes legal services in our program fees, so you won’t need to worry about unexpected expenses.
Find a Surrogacy Attorney Near Me
Looking for a surrogacy attorney in or near Massachusetts? These professionals are part of our trusted network:
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Melissa B. Brisman, Esq. (Montvale, NJ and New York, NY): Melissa Brisman practices exclusively in reproductive law and has been a member of the American Academy of Adoption and Assisted Reproductive Attorneys (AAAA) since 2009.
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Crockin Law & Policy Group PLLC (Washington, D.C.): Susan Crockin has been in practice since 1988. She's also been an AAAA member since 1991. Her services include assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy law.
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The Fertility Law Center PC (Westborough): Kathleen DeLisle specializes in assisted reproduction. She’s been an AAAA member since 2014 and frequently works on surrogacy contracts for all types of families.
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Law Offices of Laurie B. Goldheim (Briarcliff Manor, NY): Laurie Goldheim is licensed to practice in Massachusetts. Her practice areas include assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She’s been an AAAA member since 1993.
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Konowitz & Greenberg PC (Wellesley): Karen Greenberg has more than 30 years of experience and has been an AAAA member since 1990. Her firm specializes in assisted reproduction technology law.
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Law Office of Catherine Tucker PLLC (Loudon, NH): Catherine Tucker is licensed in Massachusetts. She’s an AAAA member and serves clients pursuing surrogacy, LGBTQ+ family-building and gamete donation.
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Wilson Marino & Bonnevie PC (Newton): Lisa Marino helps individuals and couples grow their families through assisted reproduction. She has been an AAAA member since 2011.
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Modern Family Law (Newton Center, MA): Bruce Hale focuses exclusively on assisted reproduction law and is an AAAA member. As a former intended parent through gestational surrogacy, he brings personal insight and empathy to every client interaction.
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Law Offices of Christina Molitor PC (San Antonio, TX): Christina Molitor is licensed in Massachusetts and focuses on assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She's been an AAAA member since 2015.
Explore Our Surrogacy Programs in Massachusetts
American Surrogacy offers three customizable surrogacy programs to meet your needs:
Limited Risk Program
This program refunds or credits your fees if complications arise, such as a disqualified surrogate, failed embryo transfer or miscarriage. You'll never have to pay twice for the same outcome.
Foundation Program
Our pay-as-you-go option has a lower upfront cost. It’s cost-effective if your journey goes smoothly, but additional fees may apply if you need a rematch or multiple transfers.
Independent Surrogacy Program
Already matched with a surrogate? We’ll handle everything else. American Surrogacy can help you complete your journey affordably and successfully.
FAQ: Legal Aspects of Surrogacy in Massachusetts
Are insurance companies required to cover IVF in Massachusetts?
Yes. Massachusetts law mandates coverage for in vitro fertilization and other infertility treatments. There are no lifetime caps or limits on the number of treatment cycles.
Is an embryo considered a person in Massachusetts?
No. Embryos do not have the same legal rights as a person. This allows flexibility with IVF procedures and embryo creation, storage and disposal.
Is traditional surrogacy legal in Massachusetts?
Yes. However, it's legally risky. Massachusetts courts typically do not enforce traditional surrogacy contracts.
Do sperm and egg donors have parental rights?
No. Massachusetts General Law (chapter 209C, section 27) states that donors are not legal parents to children conceived through assisted reproduction.
Is there an IVF tax credit in Massachusetts?
No. There isn't a state tax credit for IVF. However, qualified medical expenses can be deducted from federal taxes if they exceed 7.5% of your adjusted gross income.
Take the Next Step Toward Surrogacy in Massachusetts
Massachusetts offers one of the most comprehensive and supportive legal frameworks for surrogacy in the country. And with American Surrogacy as your guide, you’ll have trusted experts helping you navigate every legal step with confidence.
You should feel informed, reassured and legally protected every step of the way.
Why wait any longer? Let’s make your dream of parenthood a reality.