Gestational surrogacy contracts are enforceable in court, in cases where the intended parents are married and are both the genetic parents.

It may be possible to enforce some genetic surrogacy agreements in Court provided there was no compensation beyond reimbursement of expenses, and, where the surrogate is given a period of time after birth during which she can change her mind about the transfer of the child to the intended parents.

State law in Massachusetts does not directly define whether a surrogate can be compensated beyond reimbursement for expenses. Some attorneys do report that surrogates do receive compensation, but the high court has ruled in the past that compensation for expenses is permissible.

There is no requirement for the intended parents or the gestational surrogate to be residents of the state in cases where the intended parents are both genetic parents.