Mass. Gen. Laws ch. 209C, sec. 28L — MA Code / Part II / Title III / Chapter 209C / Section 28L
Termination of surrogacy agreement by intended parent or genetic surrogate; timing; expenses; liability
Status: in_force

Section 28L. (a) An intended parent or genetic surrogate who is a party to the surrogacy agreement may terminate the agreement at any time before a gamete or embryo transfer or implantation by giving notice of termination in writing to all other parties. If a gamete or embryo transfer or implantation does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamete or embryo transfer or implantation. The party's signature on a notice of termination shall be attested by a notary. (b) An intended parent or genetic surrogate who terminates the agreement after the court issues an order validating the agreement under sections 28K or 28N, but before the genetic surrogate becomes pregnant by means of assisted reproduction, shall file notice of the termination with the court. (c) A person shall not terminate a validated genetic surrogacy agreement if a gamete or embryo transfer or implantation has resulted in a pregnancy. (d) Upon the termination of the genetic surrogacy agreement, the parties shall be released from all obligations under the agreement except that any intended parent or parents shall remain responsible for all expenses incurred by the genetic surrogate through the date of the termination which are reimbursable under the agreement. Unless the agreement provides otherwise, the genetic surrogate is not entitled to any non-expense related compensation paid for acting as a surrogate. (e) Except in a case involving fraud, neither a genetic surrogate nor their spouse or former spouse, if any, shall be liable to the intended parent or parents for punitive or liquidated damages, for terminating a genetic surrogacy agreement in compliance with this section.

Section 28L. (a) An intended parent or genetic surrogate who is a party to the surrogacy agreement may terminate the agreement at any time before a gamete or embryo transfer or implantation by giving notice of termination in writing to all other parties. If a gamete or embryo transfer or implantation does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamete or embryo transfer or implantation. The party's signature on a notice of termination shall be attested by a notary.

(b) An intended parent or genetic surrogate who terminates the agreement after the court issues an order validating the agreement under sections 28K or 28N, but before the genetic surrogate becomes pregnant by means of assisted reproduction, shall file notice of the termination with the court.

(c) A person shall not terminate a validated genetic surrogacy agreement if a gamete or embryo transfer or implantation has resulted in a pregnancy.

(d) Upon the termination of the genetic surrogacy agreement, the parties shall be released from all obligations under the agreement except that any intended parent or parents shall remain responsible for all expenses incurred by the genetic surrogate through the date of the termination which are reimbursable under the agreement. Unless the agreement provides otherwise, the genetic surrogate is not entitled to any non-expense related compensation paid for acting as a surrogate.

(e) Except in a case involving fraud, neither a genetic surrogate nor their spouse or former spouse, if any, shall be liable to the intended parent or parents for punitive or liquidated damages, for terminating a genetic surrogacy agreement in compliance with this section.