Gov. Maura Healey signed the historic Massachusetts Parentage Act on Aug. 9. The act updates the state’s parentage laws for the first time in 40 years and remedies Massachusetts’ dubious distinction of being the only New England state without legal protections for parentage.
The law goes into effect on Jan. 1, 2025, and ensures equal rights and protections for parents using surrogacy, in-vitro fertilization and other assisted reproduction methods. The law aims to be more inclusive, particularly for LGBTQ+ parents.
What is changing in January?
Starting next year, the Massachusetts Parentage Act will change how surrogacy is handled legally. The new law ensures that all parents, regardless of marital status, gender or sexual orientation, or genetic connection, have equal rights.
The law also replaces outdated and gender-specific terms, such as “parentage” for “paternity” and “nonmarital child” instead of “child born out of wedlock.”
If you’re considering using a surrogate, it’s essential to understand the legal requirements. You will still need to establish legal parentage through court procedures. However, the process will be more streamlined and inclusive, reducing many parents’ legal hurdles.
If you are already undergoing surrogacy, it’s wise to consult with a legal advisor who understands whether or how these changes may impact you.
How the Massachusetts Parentage Act differs from other states
When the act becomes law in 2025, Massachusetts will become the 14th “Green Light” surrogacy state. This means that the state fully supports and legally protects surrogacy arrangements regardless of marital status, gender or sexual orientation, or genetic connection to the child. Michigan will become the 15th “Green Light” state when a similar law takes effect next spring. Other states like Texas, Florida and Illinois have laws that legalize surrogacy arrangements but there are certain requirements parents have to meet in order to have a legally enforceable arrangement.
In contrast, states like Louisiana and Nebraska still have significant legal barriers. These states do not offer the same level of protection for surrogacy arrangements, making the process more complicated and riskier for intended parents and surrogates.
Supporters of the Massachusetts Parentage Act say the law rights the wrongs of treating some parents as second-class citizens despite loving and caring for their children as any parent does.
If you have questions about surrogacy, seeking answers from lawyers who focus on assisted reproduction laws is advisable. Experienced surrogacy law attorneys can help intended parents understand the potential impacts of these laws and write enforceable surrogacy contracts.