In Pennsylvania, gestational surrogacy is permitted because no statutes or case law prohibit surrogacy. In addition, recent case law (In Re: Baby S) confirmed the enforceability of surrogacy contracts in Pennsylvania as well as confirmed the Assisted Conception Birth Registration process (Pre-Birth Orders or “PBO”) established by the Pennsylvania Department of Health and intended parents’ legal parentage established through such process.
Traditional (genetic) surrogacy is also permitted because no statute or published case law prohibits the same. However, traditional surrogates are not permitted compensation (other than reimbursement of expenses) and PBOs are not possible. The latter is because the traditional surrogate cannot relinquish parental rights until 72 hours after birth and the traditional surrogate must voluntarily relinquish her parental rights.