Massachusetts § 28K Validation of genetic surrogacy agreement;  timing of order;  termination

Massachusetts Statutes

§ 28K — Validation of genetic surrogacy agreement; timing of order; termination

Massachusetts § 28K

Part IIREAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS

Title IIIDOMESTIC RELATIONS

Ch. 209CCHILDREN BORN OUT OF WEDLOCK

This text of Massachusetts § 28K (Validation of genetic surrogacy agreement; timing of order; termination) 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, § 28K (2026).

Text

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

(a)Except as otherwise provided in section 28N, a genetic surrogacy agreement shall be validated by a probate and family court. A proceeding to validate the agreement shall be commenced before assisted reproduction related to the surrogacy agreement. A complaint filed pursuant to this section shall include:

(i)a copy of the executed surrogacy agreement; and (ii) certifications from the legal representatives of the intended parent or parents and the genetic surrogate that the requirements of sections 28A, 28B and 28C have been met.

(b)The court shall issue an order validating a genetic surrogacy agreement, within 60 days of the commencement of such a proceeding, if the court

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[ Text of section added by 2024, 166, Sec. 65 effective January 1, 2025. See 2024, 166, Sec. 67.]Section 28K. (a) Except as otherwise provided in section 28N, a genetic surrogacy agreement shall be validated by a probate and family court. A proceeding to validate the agreement shall be commenced before assisted reproduction related to the surrogacy agreement. A complaint filed pursuant to this section shall include: (i) a copy of the executed surrogacy agreement; and (ii) certifications from the legal representatives of the intended parent or parents and the genetic surrogate that the requirements of sections 28A, 28B and 28C have been met.(b) The court shall issue an order validating a genetic surrogacy agreement, within 60 days of the commencement of such a proceeding, if the court finds by a preponderance of the evidence that: (i) sections 28A, 28B and 28C are satisfied; and (ii) all parties entered into the agreement voluntarily and understand its terms.(c) A person who terminates a genetic surrogacy agreement under section 28L shall file notice of the termination with the court and parties. On receipt of the notice, the court shall vacate any order issued under subsection (b).