First-time surrogates in Massachusetts earn $60,000–$80,000 base compensation plus monthly allowances. See full breakdown below.
| Base Compensation | $60,000 – $80,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $67,000 – $98,000 |
| Base Compensation | $70,000 – $95,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $77,000 – $113,000 |
Massachusetts now has the strongest statutory protections for surrogates in the country. The Massachusetts Parentage Act (Acts of 2024, ch. 166, adding G.L. c. 209C §§28A–28Q) took effect January 1, 2025, replacing a patchwork of case law with an express framework.
The agreement “shall not infringe on the rights of the surrogate to make all health and welfare decisions regarding the surrogate, the surrogate's body and the surrogate's pregnancy” — through attempts to conceive, pregnancy, labor, delivery and post-partum — expressly including whether to consent to a caesarean section and whether to undergo multiple embryo transfers. Critically, “any written or oral agreement purporting to waive or limit these rights shall be void as against public policy.” You cannot be asked to trade these away, and a clause attempting it is unenforceable.
Any party may terminate the agreement at any time before embryo transfer by written notice. If a transfer does not produce a pregnancy, you may terminate before any subsequent attempt. Absent fraud, neither you nor your spouse is liable for punitive or liquidated damages for terminating in compliance with the statute.
§28B requires that you, your spouse if any, and each intended parent have independent legal representation, paid for by the intended parents and named in the agreement. One attorney may represent you and your spouse jointly.
§28A requires that you be at least 21, have previously given birth, complete a medical evaluation, and complete a mental health consultation with a professional independent of the clinic performing the assisted reproduction. That independence requirement exists to protect you.
Pre-birth orders are available statewide, and both intended parents may be adjudicated legal parents regardless of genetic connection — married, unmarried, same-sex or single. Hearings are not typically required.
Source: G.L. c. 209C §§28A–28Q (Massachusetts Parentage Act, Acts of 2024 ch. 166).
Several of these are Massachusetts law, not agency preference. G.L. c. 209C §28A requires that you be at least 21, have previously given birth, complete a medical evaluation, and complete a mental health consultation with a professional independent of the fertility clinic. Those are statutory requirements. The remaining criteria below are agency screening standards.
Final eligibility is determined by the agency's medical team.
Complete application in 10–15 minutes. Agency contacts you within 48 hours.
Physical exam, bloodwork, and uterine evaluation — paid for by the agency.
Review profiles and meet potential intended parents. You always have the right to say no.
Surrogacy agreement reviewed by your own attorney, funded by the agency.
Monthly compensation begins immediately after transfer. All medical costs covered.
Remaining compensation disbursed around delivery. Post-delivery allowances continue up to 6 weeks.
Yes. The Massachusetts Parentage Act took effect January 1, 2025. It requires intended parents to pay for your attorney and makes your medical autonomy non-waivable, including caesarean and embryo-transfer decisions.
Typically yes. Most agencies require you to live in the state where you carry the pregnancy, as medical care and legal jurisdiction are state-specific.
Base compensation is generally taxable at the federal level. Expense reimbursements (travel, maternity clothes) are typically not taxable. Consult a tax professional for Massachusetts-specific guidance.
18–24 months from application to delivery: matching (1–6 months), medical screening, legal review, and the full pregnancy term.
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