Massachusetts Statutes

§ 28A — Surrogacy agreements

Massachusetts·Part II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS·Title III DOMESTIC RELATIONS·Ch. 209C CHILDREN BORN OUT OF WEDLOCK

[ 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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