Gestational Surrogacy Regulations in Massachusetts.

Overview

Gestational Surrogacy is generally permitted in Massachusetts by case law established by the
highest Court in Massachusetts: Hodas v. Morin, 814 N.E.2d 230 (2004), Culliton v. Beth Isr.
Deaconess Med. Ctr., 756 N.E.2d 1133 (2001), and R.R. v. M.H., 689 N.E.2d 790 (1998).

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
No*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of Massachusetts there is a basis for venue in Massachusetts. There is also venue in Massachusetts if the birth of the child occurs in Massachusetts * ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in Massachusetts.:
Yes
Birth outside of Massachusetts.:
Yes, however, discuss with your legal counsel

Pre-Birth Orders can be obtained by Intended Parents where at least one of them shares a
genetic connection with the child.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes, unless judge waives hearing
Post-Birth Orders:
Yes

General Information

Will Massachusetts. Vital Records honor a Pre-Birth Order from another state:
Yes
What is the typical time frame to obtain a birth certificate after delivery:
1-2 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes*
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes*

Second Parent and Stepparent Adoptions for Massachusetts. Residents:

*This situation typically arises if the child is born outside of Massachusetts. The parents then return to Massachusetts to obtain a second parent adoption or stepparent adoption in Massachusetts. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Massachusetts.?

*Traditional Surrogacy is generally restricted and not commonly enforced. Please consult with your local attorney.*
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