Massachusetts Surrogacy Laws

Gestational surrogacy is permitted in Massachusetts by case law.  In Hodas v. Morin, the Supreme Court of Massachusetts ordered that the intended parents be declared the legal parents of the child born via surrogacy, in addition to ordering that their names be placed on the child’s birth certificate (Hodas v. Morin (Mass. 2004.).).

In Massachusetts, traditional surrogacy agreements are generally unenforceable. Additionally, a Massachusetts surrogate mother must wait four days after the birth of the child to relinquish parental rights.  

However, both types of surrogacy are permitted and practiced throughout Massachusetts cities like Boston, Worcester, and Springfield.

Laws Concerning Parentage Orders in Massachusetts

Massachusetts allows for its courts to grant pre-birth parentage orders to intended parents (M.G.L.A. 215 § 6.). Massachusetts courts will grant pre-birth parentage orders to both opposite- and same-sex couples as long as the couple is married.

Egg and Sperm Donor Law in Massachusetts

Under Massachusetts statute, “any child born to a married woman as a result of artificial insemination with the consent of her husband, shall be considered the legitimate child of the mother and such husband,” (Mass. G.L. c. 46 §4B.).

Although this statute only references Massachusetts sperm donors, in Goodridge v. Department of Public Health, the Massachusetts Supreme Court ruled that all statutes must be read as gender-neutral, implying that the above referenced statute is also applicable to Massachusetts egg donors Goodridge v. Dept. of Public Health (Mass. 2003).

Massachusetts Stepparent and Second-Parent Adoption Law

Massachusetts state statute allows for a stepparent to adopt their spouse’s child (M.G.L.A. 210 § 2A.). The statute is applicable to both opposite- and same-sex couples. Massachusetts couples do not need to be married in order to adopt.

Fertility Clinics in Massachusetts

Reach Out to Baby Steps Surrogacy Center, Inc.

For help becoming a surrogate or having a child through surrogacy, contact Baby Steps Surrogacy Center, Inc. We know Massachusetts surrogacy laws inside and out, and we’re ready to help you along your surrogacy journey. Give us a call at 412-884-2229 or reach us through the contact buttons at the top of this page.