Pennsylvania

Surrogacy Law in Pennsylvania

Pennsylvania Surrogacy Law: Types of Surrogacy

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.

Are There Surrogate Requirements in Pennsylvania?

No specific legal requirements exist to serve as a gestational surrogate in the state of Pennsylvania.

Does Pennsylvania Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Based on the Baby S decision, Courts in Pennsylvania routinely grant PBOs to traditional couples and same sex couples, married or not as long as both intended parents were a party to the surrogacy contract and without regard to any genetic connection to the child, and there is no reason to believe this trend will not continue based on the current case law and as surrogacy proliferates in Pennsylvania and the United States.

The conditions under which intended parents could be declared legal parents with a pre-birth order without regard to any genetic connection to the child are listed below:

Yes

Married heterosexual couples, using their own egg and own sperm
Unmarried heterosexual couples, using their own egg and own sperm
Married heterosexual couples, using a sperm or egg donor
Unmarried heterosexual couples, using an egg or sperm donor
Same sex couples, using an egg or sperm donor
Single parents using an egg or sperm donor

No

For intended parents who are in no way related to the resulting child, the conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:

 

Yes

Married heterosexual couples, using their own egg and own sperm
Unmarried heterosexual couples, using their own egg and own sperm
Married heterosexual couples, using a sperm or egg donor
Unmarried heterosexual couples, using an egg or sperm donor
Same sex couples, using an egg or sperm donor
Single parents using an egg or sperm donor

No

Whose names go on the birth certificate in Pennsylvania?

Surrogacy Conditions for Same-Sex Couples in Pennsylvania

Are There Options for Unmarried Intended Parents in the state of Pennsylvania?

Egg Donation Law

Pennsylvania case law addresses parental rights for sperm donors only, and it declares that the donor has no rights to the children that result from a surrogacy arrangement, provided a sperm donor contract was signed by all parties prior to the donation and the donation was performed in a clinical setting. Ferguson v. McKiernan, 940A.2d1236 (Pa.2007). There is no case law governing donated eggs or embryos, however, provided a donation contract was signed by all parties prior to the donation (as is typically the case for all such donations), it is presumed the analysis offered by the Court in Ferguson would still apply.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Pennsylvania*

Law Office of Dominic A. Farole, P.C.
4622 Cortland Drive, Ste. 1
Orefield, PA 18069
Phone: 610.502.2720
http://www.farolelawoffice.com

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.