Why this page is blue: Massachusetts moved from a largely court-practice/case-law environment to an express statutory framework very recently.
What changed
Massachusetts law now includes specific statutory provisions governing surrogacy and parentage. Older summaries describing Massachusetts as having no dedicated surrogacy statute are outdated.
What prospective gestational carriers should verify
- Which statutory surrogacy provisions apply to the agreement.
- Agreement timing and formalities before medical procedures.
- Independent legal representation and evaluation requirements.
- How parentage will be established under the current statute.
- Any contract-specific insurance, compensation and expense terms.
Because the statute is recent, confirm that every professional involved is working from the post-January 1, 2025 framework.