Surrogacy is one of the most misunderstood paths to parenthood. For families in Massachusetts and beyond, considering it, sorting fact from fiction early makes the entire process less daunting and far better informed. Here are some of the most common misconceptions about surrogacy law and what is true.
Myth: The Surrogate Has Legal Claim to the Baby
These are fears that may stop many intended parents before they even begin. These fears are also perpetuated by Hollywood dramatization of surrogacy matters as well as sensationalized news stories that don’t provide the whole picture. Overall, Massachusetts has long been considered a surrogacy-friendly state, and a properly executed surrogacy agreement, combined with a parentage order, establishes that the surrogate, and her Spouse, as applicable, do not have parental rights to the child. The surrogate is also not genetically related to the baby in a gestational surrogacy arrangement, and the legal documentation will reflect that clearly. The surrogate’s role is to carry the pregnancy, not to become a legal parent, but proper legal documentation is required to avoid any issues!
Myth: Surrogacy Is Only for Wealthy Families
Surrogacy does involve high costs, but the assumption that it is exclusively available to the very wealthy is not accurate. Attorney fees, agency fees, medical costs, and surrogate compensation vary considerably depending on the state, the arrangement, and the professionals involved. Many families approach surrogacy through careful financial planning over time, and some employer benefits and financing options exist specifically for assisted reproduction. Understanding the full cost picture early, including insurance gaps, helps families plan realistically.
Myth: Any Contract Will Do
A surrogacy agreement is not a standard form document. It is a legally binding contract that must comply with relevant state law (usually the state where the surrogate resides and will deliver but that is not always the case), address the rights and responsibilities of every party, and be executed before any medical procedures begin. Massachusetts courts have consistently upheld well-drafted gestational surrogacy agreements, but the agreement must be thorough and properly structured to receive that recognition. A contract drafted without proper attention to state-specific requirements may be unenforceable when it matters most.
Myth: The Legal Process Ends at Birth
The birth of a child through surrogacy is a milestone, not a finish line. Depending on the state and the circumstances of the intended parents, intended parents may still need to undergo additional legal steps post-delivery to finalize any outstanding items. Starting these conversations early, before the pregnancy begins, gives families the best foundation for a smooth transition after delivery.
Myth: Surrogacy Laws Are the Same Everywhere
They are not, and this matters enormously. State laws governing surrogacy agreements, and parentage orders vary widely. Some states have detailed statutory frameworks. Others rely on case law or have restrictions that affect how agreements are structured. Working with an attorney who understands the nuances between the differing state laws, is one of the most important decisions a family can make.
Contact Our Massachusetts Surrogacy Attorney
Attorney Melissa Torto, of the Law Office of Melissa L. Torto, LLC, works with intended parents across the country to navigate these questions with clarity and confidence. Call (617) 812-9974 or reach out online to get straightforward answers about what the surrogacy process actually involves for your family.