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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 28D Surrogacy agreement; marriage; divorce

Section 28D

Section 28D: Surrogacy agreement; marriage; divorce

[ 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.