Massachusetts § 28N Genetic surrogacy agreement not validated under section 28K;  enforceability;  preponderance of the evidence ;  adjudication of parentage;  standing

Massachusetts Statutes

§ 28N — Genetic surrogacy agreement not validated under section 28K; enforceability; preponderance of the evidence ; adjudication of parentage; standing

Massachusetts § 28N

Part IIREAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS

Title IIIDOMESTIC RELATIONS

Ch. 209CCHILDREN BORN OUT OF WEDLOCK

This text of Massachusetts § 28N (Genetic surrogacy agreement not validated under section 28K; enforceability; preponderance of the evidence ; adjudication of parentage; standing) 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, § 28N (2026).

Text

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

(a)A genetic surrogacy agreement, whether or not in writing, that is not validated under section 28K shall be enforceable only to the extent provided in this section and section 28P.

(b)If all parties agree, a court may validate a genetic surrogacy agreement after assisted reproduction has occurred and before the birth of a child conceived by assisted reproduction under the agreement if the court finds by a preponderance of the evidence that:

(i)sections 28A, 28B or 28C are satisfied; and (ii) all parties entered into the agreement voluntarily and understand its terms.

(c)If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated un

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[ Text of section added by 2024, 166, Sec. 65 effective January 1, 2025. See 2024, 166, Sec. 67.]Section 28N. (a) A genetic surrogacy agreement, whether or not in writing, that is not validated under section 28K shall be enforceable only to the extent provided in this section and section 28P.(b) If all parties agree, a court may validate a genetic surrogacy agreement after assisted reproduction has occurred and before the birth of a child conceived by assisted reproduction under the agreement if the court finds by a preponderance of the evidence that: (i) sections 28A, 28B or 28C are satisfied; and (ii) all parties entered into the agreement voluntarily and understand its terms.(c) If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 28K or subsection (b) is born, the genetic surrogate shall not automatically be a parent and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors in subsection (a) of section 26 and the intent of the parties at the time of the execution of the agreement.(d) The parties to a genetic surrogacy agreement shall have standing to commence a proceeding to adjudicate parentage under this section.