Legality of Surrogacy in Massachusetts
Massachusetts was one of the first states to recognize the legal concept of gestational surrogacy through court decisions which have specifically authorized the process. This makes Massachusetts a great place to pursue surrogacy.
There are no specific minimum requirements for surrogates under Massachusetts law, but we still impose our stringent background check and psychological screening requirements on all of our surrogate candidates.
The first step of the Massachusetts legal process is a written legal contract between you and your surrogate. We will help you select a Massachusetts licensed attorney to prepare the legal contract; your attorney will also go over the contract with you in detail. Your surrogate (and her spouse) will select their own attorney to review the contract with them. Because there are no specific laws in place regarding what these contracts should look like, your contract can be customized to meet your specific needs. Once everything is agreed upon, the contract is signed and the embryo transfer can be scheduled.
The second step of the Massachusetts legal process is the pre-birth order (“PBO”). Your attorney will apply for the pre-birth order through the court during the second trimester of the pregnancy. This process requires that you and your surrogate to sign paperwork under oath; you can complete this paperwork in your hometown and mail it to your attorney. Your attorney will ask the court to “seal” these records, meaning that they will be kept private.
Generally, your attorney can appear in court on your behalf, so you don’t have to actually show up in court. When issued, the PBO will designate you as the legal parents of the child. Following your child’s birth, you will obtain a birth certificate listing only your names as the legal parents of your child.
There may be law changes coming soon Massachusetts--we are keeping a watchful eye on the legislative process.