Frequently Asked Questions: Surrogacy | Massachusetts

Q:Is surrogacy legal in Massachusetts?
Yes. Court decisions in Massachusetts have authorized surrogacy arrangements.
Q:Does Massachusetts allow pre-birth orders?
Pre-birth orders are permitted only for gestational surrogacy, where the surrogate’s egg is not used.
Q:Will the names of both intended parents go directly on the birth certificate in Massachusetts?
Generally, yes. However, there may be some circumstances where this is not possible.
Q:Can same-sex couples use a surrogate in Massachusetts?
Most same-sex couples will be able to proceed with surrogacy in Massachusetts.
Q:Do the intended parents need a home study when using a gestational carrier?
While we will do our best to structure the arrangement in such a way that a home study is not required, in some limited circumstances a home study cannot be avoided.
Q:Will the intended parents be required to adopt the child in Massachusetts?
In certain limited circumstances, an adoption may be required or recommended. We understand that the concept of having to adopt your own child is troublesome, but in some situations it is necessary to secure your legal rights.
Q:What happens if the gestational carrier wants to keep the baby?
It’s important to keep in mind that this is an incredibly rare scenario. However, it is strongly recommended that you work with an attorney before the pregnancy is established, in order to structure your arrangement to limit this possibility.