Massachusetts Surrogacy Laws

A Brief Summary of the Following Article

  • Understanding Surrogacy Laws: It’s crucial to grasp Massachusetts’ surrogacy laws for a joyful surrogacy journey.
  • Surrogate Eligibility: Surrogate mothers in Massachusetts must meet specific criteria, ensuring a smooth and legally sound process.
  • Types of Surrogacy: Massachusetts allows gestational surrogacy but not traditional surrogacy, which aligns with Elevate Baby’s own policies.
  • Surrogacy Agreement Essentials: The surrogacy agreement must cover compensation, medical expenses, parental rights, and other crucial terms for a successful journey.


Once a woman has made the decision to embark on the remarkable journey of surrogacy, it is of utmost importance that they also possess a comprehensive understanding of the surrogacy laws in the state of Massachusetts. Delving into the legal intricacies of surrogacy can sometimes feel overwhelming, but when women work with our team of surrogacy professionals, they do not need to stress. The dedicated team at Elevate Baby is committed to equipping everyone with the full knowledge of the different laws that may affect their journey as they progress through this extraordinary journey.

Elevate Baby is a surrogacy agency helping intended parents in Massachusetts navigate the different surrogacy laws in their home state so that they can feel confident as they embark on this exciting journey to welcome a child into the world. We want everyone’s experience with our surrogacy agency to be as stress-free as possible. We will go above and beyond to make sure we can help in any way we can throughout the surrogacy process.

Can Anyone Become a Surrogate Mother in Massachusetts?

Before beginning the surrogacy journey with Elevate Baby, intended parents will be matched with one of the qualified surrogates that our agency feels will be the best fit for their family planning goals. However, before surrogates are even considered as a match for intended parents, they must go through our agency’s screening process to ensure that they meet the requirements Elevate Baby sets forth for surrogate mothers. 

The women in Massachusetts who are eligible to become gestational surrogates with Elevate Baby include women who meet the following requirements:

  • They must be at least 21 years old and no older than 40
  • They must have delivered a child of their own and are currently parenting at least one child
  • They must have had uncomplicated pregnancies and deliveries, as documented by medical records
  • They must have a body mass index, or BMI, of no higher than 32
  • They must be a citizen of the United States of America, legal resident, or legal immigrant. If a potential surrogate is a legal resident or legal immigrant of the United States, they must be able to provide documentation that is valid for at least two years.
  • They must not be a participant in any of the following government aid programs: cash assistance, welfare, public housing, or Section 8.

Our goal is to ensure that all of the surrogate mothers we work with meet each of the requirements for surrogacy eligibility before they are qualified to be matched with intended parents. This is important for legal purposes to ensure that there are no issues that arise down the line of the journey. Additionally, having qualified surrogates helps ensure that the surrogacy journey has the best chance of being a successful and overall positive experience.

Is Surrogacy Legal in Massachusetts?

Traditional and gestational surrogacy are the two different options for intended parents pursuing this avenue of family planning. It is important that intended parents understand the difference between these two types of surrogacy.

Traditional Surrogacy

The first type of surrogacy is called traditional surrogacy. Traditional surrogacy allows the surrogate to have a biological connection to the child they will carry. 

Gestational Surrogacy

Gestational surrogacy involves a woman, sometimes referred to as a gestational carrier, who carries and delivers a child for intended parents but does not have any biological connection to the child. 

In Massachusetts, while traditional surrogacy is technically legal due to the lack of any law or bill specifically declaring the practice illegal, it is often not accepted, meaning that many Massachusetts courts typically will choose not to enforce a traditional surrogacy agreement. However, gestational surrogacy is legal in the state, and Elevate Baby only offers gestational surrogacy services.

What to Include in a Massachusetts Surrogacy Agreement

Gestational surrogacy agreements are documents that will detail the terms of the surrogacy process between all involved parties. These parties may include the following:

  • Intended parents
  • Surrogate mother
  • The surrogate’s spouse or registered domestic partner
  • Any sperm or egg donors

In this agreement, there are certain elements that must be included. These elements include:

  • The amount of compensation that the intended parent(s) will pay to the surrogate mother
  • The medical and living expenses the intended parent(s) will take care of for the surrogate
  • Whether the surrogate will be able to choose a local provider for her care
  • That the donors, if they are not the intended parents, will give up all parental rights to the child
  • That the intended parent(s) will become the child’s legal parents upon the birth of the child
  • The risks of liabilities for all parties involved in the journey
  • Agreed upon terms and conditions regarding termination and selective reduction

To begin the surrogacy journey in Massachusetts with Elevate Baby, contact our team today for more information.

Learn More About Massachusetts Surrogacy Laws Today

At Elevate Baby, we believe that surrogacy offers intended parents the chance to achieve their dreams of welcoming a child into their lives. We have years of experience providing personalized service to all intended parents we work with.

Contact us today for more information regarding surrogacy laws in Massachusetts by calling (323) 933-8918 or filling out our contact form.

Getting Started

Whether you are interested in surrogacy or egg donation as an intended parent or potential donor, the process can be one of the most rewarding experiences of your life. Begin your journey today!