The Cove state guide
Statutory frameworkMassachusetts has a statutory surrogacy framework under the Parentage Act that took effect January 1, 2025. It recognizes intended parentage under qualifying gestational agreements, including where donor eggs, sperm or embryos are used.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
Under Massachusetts’ current Parentage Act, one intended parent can use the statutory gestational-surrogacy process with or without a genetic connection. The parent must be at least 21 and complete the required independent mental-health consultation. The agreement, separate legal representation, and a qualifying Massachusetts connection must be in place before treatment.
Sources 345Unmarried intended parents can both be recognized under the current statutory framework. Each must satisfy eligibility requirements and be a party to the agreement, accepting responsibility for resulting children. Massachusetts’ parentage judgment procedure expressly accommodates nonmarital children; marriage is not the mechanism needed to establish the second intended parent’s status.
Sources 346Two fathers can use the gestational agreement and judgment process whether married or unmarried. Neither is required to contribute sperm, so donor eggs or a donated embryo can fit the statutory framework. Both intended fathers must meet the individual requirements and be named in the agreement and requested parentage judgment.
Sources 3476Two mothers using a separate carrier can be intended parents even when only one or neither supplies an egg. The current Act combines express equal-parentage protections with a surrogacy agreement and judgment process. Both mothers should be included before treatment; a partner-carried pregnancy follows different assisted-reproduction provisions.
Sources 3476Parents abroad may qualify through a Massachusetts-resident party or, when nobody resides there, a qualifying medical evaluation, procedure, or mental-health consultation in Massachusetts. The cited eligibility provisions do not require United States citizenship. Confirm that connection and jurisdiction before treatment, and obtain separate advice on immigration, travel documents, and recognition abroad.
Sources 346How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
State law provides a gestational surrogacy framework. Eligibility, agreements, payments, and court requirements still differ.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
The statutory gestational-surrogacy pathway does not require intended parents to be married, and the judgment provisions expressly address nonmarital children. Each intended parent must sign and meet eligibility requirements. The carrier’s spouse, if any, is also a required party; do not confuse that signing rule with intended-parent marriage eligibility.
Section 28A expressly allows an intended parent with no genetic relationship to the child. Donor eggs, sperm, and embryos can therefore fit a compliant gestational agreement. These provisions concern a carrier who is not the egg provider; genetic-surrogacy agreements have different validation and termination rules.
Section 28B requires a Massachusetts-resident party or, if none resides there, at least one medical evaluation, medical procedure, or mental-health consultation under the agreement in Massachusetts. This can accommodate nonresident parents, but the qualifying event must actually occur and court jurisdiction must also be confirmed.
The agreement must meet eligibility and execution rules, with separate legal representation and signing before procedures intended to cause pregnancy. A Massachusetts residence, evaluation, procedure or consultation can provide the required state connection.
A party may seek a parentage judgment before, at, or after birth under §28I, using the agreement, physician affidavit, and lawyers’ compliance certifications. The judgment identifies the intended parents and directs the birth record. The current statutory process should be used rather than pre-2025 summaries of Massachusetts practice.
The law permits agreed consideration and reasonable expenses. Intended parents are responsible for surrogacy-related costs specified by the law that insurance does not cover.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
