The short answer: it depends, and sometimes the answers are not always cut and dry. There are many common misconceptions regarding surrogacy intended parents bring to their first consultation It is important to address those misconceptions, because the legal reality in surrogacy arrangements, particularly in Massachusetts, is more specific than a simple true-or-false answer suggests.
What the Massachusetts Parentage Act Actually Does
Since January 1, 2025, gestational surrogacy in Massachusetts has been governed by the Massachusetts Parentage Act (G.L. c. 209C, §§ 28A through 28P). Under this law, any party to a valid gestational surrogacy agreement can petition the court for a judgment of parentage, either before or after the child’s birth. When that judgment is issued, it declares the intended parent or parents to be the child’s legal parents, orders that parental rights and responsibilities vest immediately upon birth, and confirms that the gestational surrogate (and the surrogate’s spouse, if applicable) is not a legal parent of the child.
So, it’s true that, once this judgment of parentage is properly obtained, the surrogate has no ongoing parental rights or obligations related to the child. But that outcome depends entirely on the court order being sought and secured correctly. It does not happen automatically just because the child was born through a surrogacy arrangement, or just because everyone signed a contract.
Why the Contract Alone Isn’t Enough
A well-drafted gestational surrogacy agreement is essential, and Massachusetts law sets out specific requirements for these agreements, including medical evaluations, mental health consultations, and independent legal representation for every party. But the agreement itself is not the mechanism that terminates the surrogate’s parental status. That happens through the court proceeding for a judgment of parentage. Skipping this step, or handling it incorrectly, can leave intended parents in a legally uncertain position even with a signed agreement in hand.
Timing Matters
Massachusetts allows judgments of parentage to be sought before birth, which means intended parents can often be recognized as the child’s legal parents from the moment of birth, with their names on the birth certificate and no mention of the surrogate. This is one of the more favorable aspects of the current law. Still, the specifics of a case, including , whether the arrangement involves a genetic surrogate rather than a gestational surrogate, , can all affect how and when that judgment should be pursued.
Why This Distinction Matters for Your Family
Believing that a surrogate automatically has no legal rights after birth can lead intended parents to treat the legal side of their journey as a formality rather than a process that requires careful, timely action. Getting the judgment of parentage right, and getting it filed on the correct timeline, is what actually secures your parental rights, not the fact of the birth itself.
Work With a Boston Attorney Who Handles This Every Day
Every surrogacy journey has its own timeline and its own legal questions. Attorney Melissa Torto helps intended parents throughout Boston and across Massachusetts secure the court orders and legal protections that actually establish their parental rights, not just the paperwork that’s supposed to lead there.
Call the Law Office of Melissa L. Torto, LLC at 617-812-9974 or contact us online for a consultation with a compassionate Boston surrogacy lawyer. We provide honest answers, protect your parental rights, and help build the legal foundation your family deserves.