Massachusetts statutes do not directly address surrogacy; but case law in Massachusetts has looked favorably on surrogate agreements.  In R.R. v. M.H., 689 N.E.2d 790 (Mass. 1998), a surrogate mother in a traditional surrogacy agreement decided in the sixth month of her pregnancy to keep the child.  In this case, the Supreme Judicial Court of Massachusetts found that to validate a surrogacy agreement, two elements are essential: (1) the surrogate mother’s consent to the surrogacy must last until four days after the birth; and (2) the surrogate mother must receive no compensation.

The Court found certain other important conditions to decide the enforceability of a surrogacy agreement.  They are: (a)  the surrogate mother’s husband must give his informed consent to the agreement in advance; (b) the surrogate mother is an adult and has had at least one successful pregnancy; (c)  the surrogate mother, her husband, and the intended parents must be evaluated for the soundness of their judgment and for their capacity to carry out the agreement; (d) the intended mother must be incapable of bearing a child without endangering her health; (e) the intended parents must be suitable persons to assume custody of the child; and (f) all parties must have the advice of counsel.   However, the Court held that no agreement is per se valid, and that any custody agreement is subject to a judicial determination of custody based on the best interests of the child.

In Massachusetts, LGBT couples may jointly adopt, or adopt the child of their same-sex partner.