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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 28P Breach of genetic surrogacy agreement; remedies; specific performance

Section 28P

Section 28P: Breach of genetic surrogacy agreement; remedies; specific performance

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

  Section 28P. (a) Subject to subsection (d) of section 28L, if a genetic surrogacy agreement is breached by a genetic surrogate or 1 or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity.

  (b) Specific performance shall not be an available remedy for breach by a genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the genetic surrogate become pregnant, terminate or not terminate a pregnancy or submit to medical procedures.

  (c) Except as otherwise provided in subsection (b), specific performance shall be a remedy available for: (i) breach of a validated genetic surrogacy agreement by a genetic surrogate of a requirement which prevents an intended parent from exercising, immediately upon birth of the child, the full rights of parentage; or (ii) breach by an intended parent which prevents the intended parent's acceptance, immediately upon birth of the child, of the duties of parentage.