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December 05, 2025 Clear | 25°F
The 194th General Court of the Commonwealth of Massachusetts
  1. General Laws
  2. Part II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
  3. Title III DOMESTIC RELATIONS
  4. Chapter 209C CHILDREN BORN OUT OF WEDLOCK
  5. Section 28A Surrogacy agreements

Section 28A

Section 28A: Surrogacy agreements

[ 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 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.