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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 28F Termination of surrogacy agreement; expenses; liability

Section 28F

Section 28F: Termination of surrogacy agreement; expenses; liability

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

  Section 28F. (a) A party to a gestational surrogacy agreement may terminate the agreement at any time before an embryo transfer or implantation by giving written notice of termination to all other parties. If an embryo transfer or implantation does not result in pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer or implantation.

  (b) Unless a gestational surrogacy agreement provides otherwise, upon termination of the agreement under subsection (a), the parties shall be released from the agreement; provided, however, that the intended parent or parents remain responsible for expenses that are reimbursable under the agreement and incurred by the gestational surrogate through the date of the termination of the agreement.

  (c) Except in a case involving fraud, neither a gestational surrogate nor the surrogate's spouse or former spouse, if any, shall be liable to the intended parent or parents for punitive or liquidated damages for terminating a gestational surrogacy agreement in compliance with this section.