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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 28H Death of intended parent before the transfer or implantation of a gamete or embryo

Section 28H

Section 28H: Death of intended parent before the transfer or implantation of a gamete or embryo

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

  Section 28H. Except as otherwise provided in section 28J, an intended parent shall not be a parent of a child conceived by assisted reproduction under a gestational surrogacy agreement if the intended parent dies before the transfer or implantation of a gamete or embryo unless: (i) the surrogacy agreement provides otherwise; and (ii) the transfer of a gamete or embryo occurs not later than 36 months after the death of the intended parent or birth of the child occurs not later than 45 months after the death of the intended parent.