Massachusetts recently replaced decades of court-built practice with a clear, comprehensive surrogacy law.
Is surrogacy legal in Massachusetts?
Yes. Since January 2025, Massachusetts has had a dedicated law called the Massachusetts Parentage Act, which covers in detail. Before that, surrogacy was legal here too, but it ran on court decisions rather than a written statute — so this is a genuinely new and clearer chapter for the state.
Can a surrogate be paid?
Yes. The law explicitly allows the surrogate to be paid, not just for expenses.
A few requirements come first:
- The surrogate must be at least 21 and have already given birth to a child of her own
- The surrogate has her own independent lawyer
- Everyone completes a mental health consultation
- The is signed before the
How do intended parents become the legal parents?
Massachusetts allows a . Courts can approve it without a hearing in most cases, and it takes effect automatically at birth — so the are the legal parents from day one, with no adoption needed. This works regardless of marital status or whether either intended parent is genetically related to the baby.
A few practical things to know
- New law: this framework only took effect in January 2025, so it's worth double-checking with a Massachusetts attorney for the latest details.
- Who's covered: married, unmarried, same-sex, and single intended parents are all included, with no genetic-connection requirement.
- Cost: this varies based on the agency, clinic, and surrogate's compensation. See the cost calculator guide for a fuller breakdown.
- Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the Massachusetts insurance guide linked below.
This isn't legal advice
This page is here to help you learn the basics — it isn't legal advice. Massachusetts's law is relatively new, and small details in your situation can change what applies to you.
Before signing any surrogacy agreement, talk to a lawyer who specializes in reproductive law in Massachusetts. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.