Massachusetts § 28D Surrogacy agreement;  marriage;  divorce

Massachusetts Statutes

§ 28D — Surrogacy agreement; marriage; divorce

Massachusetts § 28D

Part IIREAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS

Title IIIDOMESTIC RELATIONS

Ch. 209CCHILDREN BORN OUT OF WEDLOCK

This text of Massachusetts § 28D (Surrogacy agreement; marriage; divorce) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Text

[ Text of section added by 2024, 166, Sec. 65 effective January 1, 2025. See 2024, 166, Sec. 67.]Section 28D. Unless a surrogacy agreement expressly provides otherwise:

(i)the validity of a surrogacy agreement shall not be affected by the marriage of the surrogate or of an intended parent after the surrogacy agreement has been signed by all parties and in such instances:

(A)the surrogate's spouse's or intended parent's spouse's consent to the surrogacy agreement shall not be required; and (B) the surrogate's spouse or intended parent's spouse shall not be a presumed parent of a child conceived by assisted reproduction under the surrogacy agreement; or (ii) the divorce or marriage annulment of the surrogate or of an intended parent after the surrogacy agreement has been signed by all

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[ Text of section added by 2024, 166, Sec. 65 effective January 1, 2025. See 2024, 166, Sec. 67.]Section 28D. Unless a surrogacy agreement expressly provides otherwise: (i) the validity of a surrogacy agreement shall not be affected by the marriage of the surrogate or of an intended parent after the surrogacy agreement has been signed by all parties and in such instances: (A) the surrogate's spouse's or intended parent's spouse's consent to the surrogacy agreement shall not be required; and (B) the surrogate's spouse or intended parent's spouse shall not be a presumed parent of a child conceived by assisted reproduction under the surrogacy agreement; or (ii) the divorce or marriage annulment of the surrogate or of an intended parent after the surrogacy agreement has been signed by all parties shall not affect the validity of the surrogacy agreement.