Legislative Milestone in Massachusetts’ Surrogacy Landscape:
2021
The Massachusetts Parentage Act was introduced to update the state’s outdated parentage law to provide legal protection for all families, including LGBTQIA+ families.
Surrogacy Contracts
Are considered lawful; however, the details of what such contracts require and when they may be used remain largely undefined.
Parental rights and responsibilities are not clearly defined in legislation but is highlighted as a necessity in legal cases.
Validation by appropriate legal professionals is a prudent practice though not explicitly stated in legislation.
Parental Rights
Intended parents can be acknowledged as legal parents through pre-birth orders.
Legal Rights of Surrogates:
Surrogates retain rights to make decisions about their own health.
Access to comprehensive medical care ensured: This is not explicitly mentioned but is a standard practice.
The specifics regarding compensation are not well defined in legislation, the amount of compensation is highlighted in the agreement.
Who Can Benefit from Surrogacy in MA?
Single individuals
Heterosexual couples
Same-sex couples
Surrogacy Environment in Massachusetts:
Massachusetts’s approach to surrogacy is guided by a combination of case law and statutory provisions that together create a supportive framework for all parties involved in a surrogacy arrangement.
Advantages of Surrogacy in MA:
Unlike many states where the legality of surrogacy contracts may be mired in ambiguity, Massachusetts has a history of court decisions that have established a precedent for upholding such agreements, provided they are entered into with the full consent of all parties. This has paved the way for a more stable and predictable surrogacy journey for intended parents and surrogates alike.
