Pennsylvania Surrogacy Laws

There is no Pennsylvania case law or any state statute that prohibits would-be parents from practicing either gestational surrogacy or traditional surrogacy in Pennsylvania. As a result, both types of surrogacy are permitted in Pennsylvania and are practiced throughout cities like Pittsburgh, Philadelphia, and Harrisburg.

In the Pennsylvania Superior Court case of J.F. v. D.B., the court denied a Pennsylvania surrogate birth mother standing to be able to sue for custody of the children she carried while acting as a surrogate (J.F. v. D.B., 897 A.2d 1261 (Pa. Super. 2006).).

The Pennsylvania Superior Court case of In re: Baby S, states that Pennsylvania gestational surrogacy contracts, where lawfully entered into by both parties, are binding and enforceable (In re: Baby S, 128 A.3d 296 (Pa. Super. 2015).).

Laws Concerning Parentage Orders in Pennsylvania

Pennsylvania allows for its courts to grant pre-birth parentage orders only in cases where a gestational surrogate has been used. The Pennsylvania process for obtaining a pre-birth order is known as Pennsylvania’s Assisted Conception Birth Registration procedure and was implemented by the Pennsylvania Department of Health.

While Pennsylvania does allow for its courts to grant pre-birth parentage orders, results can vary by county. In Allegheny County, Philadelphia County, and Lancaster County, where a number of Pennsylvania’s fertility clinics are located, the courts will have more experience in granting pre-birth orders. In counties like Elk County, this process may be less practiced.

A pre-birth order cannot be obtained in a Pennsylvania traditional surrogacy arrangement.

Egg and Sperm Donor Law in Pennsylvania

There is no Pennsylvania statute that determines the validity of sperm, egg, or embryo donation contracts or one that establishes the rights of donors or intended parents in Pennsylvania.

In the Pennsylvania Supreme Court case of Ferguson v. McKiernan, the court ruled that a sperm donor agreement between the donor and intended parent, wherein the donor was said not to be responsible for child support or entitled to custody of the child, was found to be enforceable (Ferguson v. McKiernan, 940 A.2d 1236 (2007).).

Pennsylvania Stepparent and Second-Parent Adoption Law

Courts in Pennsylvania grant second-parent and stepparent adoptions to Pennsylvania’s heterosexual and same-sex couples.

While Pennsylvania’s Adoption Act does not require that a biological parent and stepparent be married in order for a stepparent to adopt, with the introduction of marriage equality and the right of same-sex couples to be married, many county courts in Pennsylvania are now requiring the stepparent and biological parent to be married for the stepparent to adopt their spouse’s child.

Fertility Clinics in Pennsylvania

Contact Baby Steps Surrogacy Center, Inc.

Don’t let confusing surrogacy laws and requirements stand in your way as you try to complete your family or become a surrogate. Just call a surrogacy professional at Baby Steps Surrogacy Center, Inc. at 412-884-2229 or reach us through the contact buttons at the top of the page.