An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Massachusetts

Generally, is Massachusetts friendly to ART?  Massachusetts is generally friendly to ART.

Is Massachusetts friendly to non-married couples?   Massachusetts is friendly to non-married couples.

Is Massachusetts friendly to LGBT families?   Massachusetts is friendly to LGBT families.

Is Massachusetts friendly to a single intended parent?   Massachusetts is friendly to a single intended parent.

Are there statutes in Massachusetts for surrogacy?  No, Massachusetts does not have statutes for surrogacy but there is legislation pending.  Surrogacy in Massachusetts is permitted through case law.

Does Massachusetts have an embryo donation statute?  No, but Massachusetts has legislation pending. Donation permitted through applying case law and the Massachusetts constitution to sperm donor statute.

Does Massachusetts have an egg donation statute?   No, but Massachusetts has legislation pending. Donation permitted through applying case law and MA constitution to sperm donor statute.

Is gestational surrogacy (third party gamete use) permitted in Massachusetts?  Massachusetts permits gestational surrogacy.

Is traditional surrogacy (use of the surrogate’s genetic material) permitted in Massachusetts?  Technically Massachusetts permits traditional surrogacy but intended parents can only secure parentage through a post-birth adoption.

Is compensated surrogacy allowed by statute?  In practice?   Yes, in practice paid surrogacy is permitted in Massachusetts

Is non-compensated surrogacy (expense reimbursement only) surrogacy allowed by statute?  In practice?   Yes, in practice Massachusetts permits non-compensated surrogacy.

Are surrogacy agreements enforceable, void or prohibited?  Massachusetts case law doesn't specifically say they are enforceable but allows for parentage to be established pre-birth in gestational surrogacy arrangements.  So, by implication they are enforceable.

Do both Intended Parents both have to be genetically related to the child?  Intended Parents do not both have to be genetically related to the child in Massachusetts.

Does Massachusetts  require at least one Intended Parent to be genetically related to the child?  Massachusetts does not require at least one Intended Parent to be genetically related to the child.    

If a single intended parent uses surrogacy, do they have to be genetically related to the child?   A single intended parent does not have to be genetically related to the child in Massachusetts.

Do the Intended Parents have to be married?  Intended Parents do not have to be married in Massachusetts.

Do two Intended Parents have to be opposite genders?   Intended Parents do not have to be opposite genders in Massachusetts.

Does Massachusetts allow pre-birth parentage orders to be issued for surrogacy?  Massachusetts does allow pre-birth parentage orders to be issued.

Does Massachusetts only allow a post-birth parentage order to be issued?   Massachusetts allows for a pre or post-birth order.

Can you obtain both a pre and post birth order in Massachusetts for the same child?  Intended Parents can obtain both a pre and post birth order in Massachusetts.

Can you obtain a parentage order if only the carrier resides in Massachusetts?  A parentage order can be obtained if the carrier resides in Massachusetts.

Can you obtain a parentage order if only the intended parents reside in Massachusetts?  A parentage order can be obtained if the intended parents reside in Massachusetts.

Can you obtain a parentage order if only the birth occurs in Massachusetts? A parentage order can be obtained if the birth occurs in Massachusetts.

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in Massachusetts?  A parentage order can NOT be obtained if only the medical procedures/IVF Clinic is in Massachusetts.

What is the basis for venue in Massachusetts?  In Massachusetts, venue can be either where the Intended Parents live, where the carrier lives or where the baby is anticipated to be born.

Do results vary by venue in Massachusetts?  Results do not vary by venue in Massachusetts.

Is a hearing required for a parentage order in Massachusetts?  At least 80% of the time there is not hearing in Massachusetts but it depends on the judge.

Does Massachusetts have a passport office?  Yes, Massachusetts has a passport office.

How long does it take to obtain a birth certificate in Massachusetts?  It takes 2-3 business days to obtain a birth certificate in Massachusetts.

Will Massachusetts vital records honor a parentage order from another state?  Yes, Massachusetts  vital records will honor a parentage order from another state if it contains the requisite information.

Does Massachusetts vital records require a parentage order from another state to be registered?  Massachusetts does not require a parentage order from another state to be registered.

How does a Massachusetts   birth certificate list same-sex parents?  All birth certificates in Massachusetts say "Parent" and "Parent".

Can an initial birth certificate be obtained naming the biological parent and the carrier in Massachusetts?  An initial birth certificate can be obtained naming the biological parent the Carrier in Massachusetts.

Can the birth certificate be amended to include only the biological parent or both intended parents in Massachusetts? A birth certificate can be amended to include only the biological parent or both intended parent in Massachusetts if they obtain a post-birth order.

Do Massachusetts amended birth certificates say “amended” on them?  No, Massachusetts amended birth certificates do not say “amended” on them.

Can intended parents in a surrogacy obtain an adoption order in Massachusetts?  Intended parents in a surrogacy can possibly obtain an adoption order in Massachusetts, but there are jurisdictional considerations.  Contact an Academy fellow licensed in Massachusetts for more information.

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the State of Massachusetts should not rely exclusively on these printed responses.  All these issues should be discussed with an ART attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.