Yes, Massachusetts permits gestational surrogacy under strict statutory and judicial frameworks. The state recognizes enforceable surrogacy contracts through case law (e.g., Culliton v. Beth Israel Deaconess Med. Ctr., 2002) and aligns with 2023 amendments to the Uniform Parentage Act, effective 2026, which codify parental rights for intended parents. Commercial surrogacy is lawful, but agencies must comply with Massachusetts Department of Public Health (DPH) oversight and pre-birth orders.
Key Regulations for Surrogacy in Massachusetts
- Pre-Birth Orders Required: Courts issue pre-birth parentage decrees under M.G.L. c. 209B, §16, ensuring intended parents’ rights are established before birth. Post-birth adoption is unnecessary unless disputes arise.
- Compensation Caps: Surrogates may receive reasonable expenses (e.g., medical, legal, living costs) but cannot profit from the arrangement. The DPH’s 2024 guidelines prohibit excessive payments exceeding $50,000 without judicial approval.
- Medical and Legal Safeguards: Gestational carriers must undergo psychological evaluations by DPH-licensed professionals and independent legal counsel. Clinics must report surrogacy-related ART cycles to the DPH’s Assisted Reproductive Technology Registry.