Massachusetts

Accepts / Does NOT Accept CA Judgment

Accepts (but note that VR must review all draft pleadings so begin PE process early)

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

Pre Birth / Post Birth

Pre-Birth

State Law Governing Gestational Surrogacy

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

While there is no statutory framework. Massachusetts allows gestational surrogacy pursuant to case law: Hodas v. Morin (2004); Culliton v. Beth Israel Deaconess Med. Ctr.(2002); R.R. v. M.H. (1998).

Vital Records Information

Contacts: Karin Barrett, Registrar, Registry of Vital Records and Statistics ([email protected]); James Ballin ([email protected])

  • Please mail them all draft pleadings prior to submitting to court and with sufficient time to review (allow a few weeks)
  • Email VR a final copy of the Judgment (no paper copy required, as long as the hospital receives an original)

Notes from VR (IRLG): RVRS will not oppose petitions for pre-birth orders provided that we obtain a copy of the pleadings and affidavits in advance of the birth and certain information is contained in the pleadings.  In particular, we want to make sure that the hospital is required to collect statistical information regarding the biological parents, when available, and the identity of and statistical information about the gestational carrier who delivers the child, including pregnancy related health information. RVRS encourages, but does not require, biological parents to identify their genetic relationship with the child on the parent worksheet so that children will have access to important medical and health information about their biological parents should they wish to seek such information upon reaching adulthood.

Judgment Language to Satisfy VR Requirements:

Upon birth, the Reporter or Registrar of Birth Certificates at [NAME OF HOSPITAL]in [CITY/TOWN], Massachusetts, or any other hospital where the birth may occur, shall complete a “record of birth” created pursuant to G.L. c. 46 §§ 1, 3, and 3A for the child, also known as a birth certificate, for newborn Baby A to be born to Defendant, [NAME OF SURROGATE], a(n) [married/unmarried] woman, on or about [EXPECTED DATE OF DELIVERY], which contains, in addition to all other required information, the information about the child’s parents:

a.                   [FIRST MIDDLE LAST NAME OF FATHER] (Date of Birth:  [MONTH XX, 201X]; Place of Birth:  [CITY/TOWN, STATE OR COUNTRY IF NOT US]; Social Security Number:  XXX-XX-XXXX) be named as the natural, legal and biological father/parent of newborn Baby A.  The place of residence is [FULL ADDRESS].

b.                   [FIRST MIDDLE LAST NAME OF SPOUSE] (Date of Birth:  [MONTH XX, 201X]; Place of Birth:  [CITY/TOWN, STATE OR COUNTRY IF NOT US]; Social Security Number:  XXX-XX-XXXX) be named as the legal mother/parent of newborn Baby A.  The place of residence is [FULL ADDRESS].

2.                   The Hospital shall complete and submit the electronic birth record for registration by the Clerk/Registrar for the [CITY/TOWN OF XXXX], Massachusetts or the town clerk where the birth occurs (if in a hospital outside of [CITY/TOWN], Massachusetts).

3.                   Said Clerk/Registrar is directed to then record such return of birth.

4.                   The Hospital shall transmit to the Department’s State Registrar of Vital Records and Statistics the authenticated copy of this Judgment and related judicial orders in a timely manner.

5.                   The Hospital shall forward to the State Registrar of Vital Records and Statistics the identity of and statistical information regarding the Defendant gestational carrier who delivers the child and such other information concerning her, including her prenatal care, labor and delivery and postpartum care and condition, and the statistical information regarding the Defendant anonymous egg donor, where possible, as is required by the Commissioner of the Massachusetts’ Department of Public Health for administrative, research and statistical purposes pursuant to G.L. c. 111 s.24B.

Birth Certificates: Vital Records prefers the biological father be listed in the “Father/Parent 2” box.

Child’s SSN: The child’s social security number may also be requested at the time of birth and via the hospital without the child being linked to the GC.

Local Counsel

Joyce Kauffman
(617) 577-1505
[email protected]

Kathleen DeLisle
(508) 356-5185
[email protected]