Surrogacy in Pennsylvania

Gestational Surrogacy in Pennsylvania

Surrogacy is legal in Pennsylvania. Although there is no surrogacy statute in Pennsylvania, gestational surrogacy is still permitted and practiced. Pennsylvania declared in a 2006 case that a surrogacy contract is not contrary to public policy and that the gestational carrier is not the “legal mother.”

Understanding Surrogacy Laws in Pennsylvania

Legal Parentage

Pre-birth orders are available in Pennsylvania, although this varies based on the specific county and judge, particularly if donor material is used. However, thanks to the above mentioned court decisions, parties can safely proceed with gestational surrogacy in Pennsylvania. If a pre-birth order is not available, Pennsylvania permits post-birth orders.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Pennsylvania Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes  

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Pennsylvania Surrogacy Law

Do You Need a Medical Need for Surrogacy in Pennsylvania?

Although there is no specific law on this, it is best practice to only pursue surrogacy in Pennsylvania if you have a medical need, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Pennsylvania permits married couples, partners and single individuals to pursue surrogacy, regardless of marital status.

Do Intended Parent(s) need a genetic connection to the embryo?

In Pennsylvania, parents do not need a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Pennsylvania?

International parents can pursue surrogacy in Pennsylvania. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Pennsylvania allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Pennsylvania. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Pennsylvania?

Generally no. Intended parents do not need to be Pennsylvania residents to carry out a surrogacy journey in Pennsylvania. Similarly, gestational carriers are not required to reside in Pennsylvania. Surrogates are required to be a citizen or legal resident of the United States.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

No, there are no written laws relating to the rights of gestational carriers. Learn more about surrogate rights.