Mass. Gen. Laws ch. 209C, sec. 28G — MA Code / Part II / Title III / Chapter 209C / Section 28G
Vesting of parental rights upon birth of child conceived by assisted reproduction; genetic testing; application
Status: in_force

Section 28G. (a) Except as otherwise provided in subsection (c), or sections 28H or 28J, upon the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, each intended parent shall be, by operation of law, a parent of the child. Parental rights shall vest exclusively in the intended parent or parents immediately upon birth of the resulting child. (b) Except as otherwise provided in subsection (c) or section 28J, a person acting as gestational surrogate or such person's spouse or former spouse, if any, shall not be, by operation of law, a parent of the child. (c) If a child is alleged to be a genetic child of the gestational surrogate, the court shall, upon finding sufficient evidence, order genetic testing of the child. If the child is a genetic child of the gestational surrogate, parentage shall be determined in accordance with sections 1 to 27, inclusive. (d) Except as otherwise provided in subsection (c), section 28H or section 28I, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a gestational surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent shall be a parent of the child and the person acting as gestational surrogate and their spouse or former spouse, if any, shall not be a parent of the child. (e) This section shall apply to an intended parent, including an intended parent who dies during the period between the transfer or implantation of a gamete or embryo and the birth of the child.

Section 28G. (a) Except as otherwise provided in subsection (c), or sections 28H or 28J, upon the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, each intended parent shall be, by operation of law, a parent of the child. Parental rights shall vest exclusively in the intended parent or parents immediately upon birth of the resulting child.

(b) Except as otherwise provided in subsection (c) or section 28J, a person acting as gestational surrogate or such person's spouse or former spouse, if any, shall not be, by operation of law, a parent of the child.

(c) If a child is alleged to be a genetic child of the gestational surrogate, the court shall, upon finding sufficient evidence, order genetic testing of the child. If the child is a genetic child of the gestational surrogate, parentage shall be determined in accordance with sections 1 to 27, inclusive.

(d) Except as otherwise provided in subsection (c), section 28H or section 28I, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a gestational surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent shall be a parent of the child and the person acting as gestational surrogate and their spouse or former spouse, if any, shall not be a parent of the child.

(e) This section shall apply to an intended parent, including an intended parent who dies during the period between the transfer or implantation of a gamete or embryo and the birth of the child.