There are no statutes or published case law specifically permitting or prohibiting surrogacy in Pennsylvania; however, there is unpublished case law that permits surrogacy: J.F. v. D.B., 897 A.2d 1261 (2006) and Whitewood v. Wolf, no. 1:13-cv-1861 (2014). This ruling made it legal for surrogacy to be practiced in Pennsylvania, and it continues to be a popular way of growing families in this state.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Pennsylvania, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Pennsylvania.
Yes. There are no statutes or published case law specifically permitting or prohibiting surrogacy, but there is unpublished case law that permits surrogacy.
Yes. Traditional surrogacy is permitted in Pennsylvania because no statute or published case law prohibits it. However, a pre-birth order is not possible because the traditional surrogate cannot terminate her parental rights until 72 hours after the child’s birth. Traditional surrogates also cannot be compensated.
Compensated surrogacy is allowed in Pennsylvania for gestational surrogates but not for traditional surrogates; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, Surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
There are no state regulations that address the process of creating surrogacy agreements in Pennsylvania. However, surrogacy contracts in Pennsylvania, and every other state, must be created by surrogate attorneys; intended parents and surrogates must work with separate surrogacy attorneys throughout the execution of the contract to ensure both parties’ interests and rights are protected.
The availability of pre-birth parentage orders for intended parents will vary based on the county and the judge requested to issue the order. In practice, more progressive judges will grant pre-birth parentage orders before birth to married couples, unmarried couples, and individuals, even if they have no genetic link to the child being born via surrogacy. More conservative judges, however, will not grant parentage declarations.
Below is a list of some of the most frequently asked questions about surrogacy in Pennsylvania?:
A: Yes. Surrogacy contracts are enforceable in a court of law in Pennsylvania.
A: No. International intended parents are subject to the same Pennsylvania surrogacy process as domestic intended parents. It is important, however, that Intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
Intended parents who are unable to obtain a parentage order will be required to complete a post-birth adoption to obtain and secure their legal parental rights.
The Pennsylvania adoption statute provides for the post-birth adoption of a child born through surrogacy in the county where the intended parents reside. In a traditional surrogacy, the Pennsylvania adoption laws regarding consent and payment of living expenses will apply.
A: Yes. Second-parent adoptions are legal in Pennsylvania for unmarried couples. Stepparent adoptions are available to married couples.
Michael Grant, Esq.
Cranston, RI
mbgesq@aol.com
(401) 219-0400
Dominic Farole
Orefield, PA
dominic@farolelawoffice.com
(610) 502-2720
Susan Kaufer
Shavertown, PA
SLLK@aol.com
(570) 239-6955
Lisa Marie Vari
Pittsburgh, PA
lisa@varilaw.com
(412) 281-9906
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