Section 209C:28P - [Effective 1/1/2025] Remedies for breach of genetic surrogacy agreements(a) Subject to subsection (d) of section 28L, if a genetic surrogacy agreement is breached by a genetic surrogate or 1 or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity.(b) Specific performance shall not be an available remedy for breach by a genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the genetic surrogate become pregnant, terminate or not terminate a pregnancy or submit to medical procedures.(c) Except as otherwise provided in subsection (b), specific performance shall be a remedy available for: (i) breach of a validated genetic surrogacy agreement by a genetic surrogate of a requirement which prevents an intended parent from exercising, immediately upon birth of the child, the full rights of parentage; or (ii) breach by an intended parent which prevents the intended parent's acceptance, immediately upon birth of the child, of the duties of parentage.Mass. Gen. Laws ch. 209C, § 209C:28P
Added by Acts 2024, c. 166,§ 65, eff. 1/1/2025.