Massachusetts § 28A Surrogacy agreements

Massachusetts Statutes

§ 28A — Surrogacy agreements

Massachusetts § 28A

Part IIREAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS

Title IIIDOMESTIC RELATIONS

Ch. 209CCHILDREN BORN OUT OF WEDLOCK

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Bluebook

Mass. Gen. Laws ch. 209C, § 28A (2026).

Text

[ Text of section added by 2024, 166, Sec. 65 effective January 1, 2025. See 2024, 166, Sec. 67.]Section 28A.

(a)To execute a surrogacy agreement to act as a surrogate, a person shall:

(i)be not less than 21 years of age;

(ii)have previously given birth to at least 1 child;

(iii)complete a medical evaluation by a licensed physician related to surrogacy; and (iv) complete a mental health consultation by a licensed mental health professional that is independent of the health care providers or facility undertaking any assisted reproduction procedure contemplated by the surrogacy agreement.

(b)To execute a surrogacy agreement as an intended parent, whether or not genetically related to the child, a person shall:

(i)be not less than 21 years of age; and (ii) complete a mental health

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[ Text of section added by 2024, 166, Sec. 65 effective January 1, 2025. See 2024, 166, Sec. 67.]Section 28A. (a) To execute a surrogacy agreement to act as a surrogate, a person shall: (i) be not less than 21 years of age; (ii) have previously given birth to at least 1 child; (iii) complete a medical evaluation by a licensed physician related to surrogacy; and (iv) complete a mental health consultation by a licensed mental health professional that is independent of the health care providers or facility undertaking any assisted reproduction procedure contemplated by the surrogacy agreement.(b) To execute a surrogacy agreement as an intended parent, whether or not genetically related to the child, a person shall: (i) be not less than 21 years of age; and (ii) complete a mental health consultation by a licensed mental health professional that is independent of the health care providers or facility undertaking any assisted reproduction procedure contemplated by the surrogacy agreement.