Pennsylvania Surrogacy Laws & Policies

Category

Moderate

Gestational Surrogacy

Permitted. No statute or published case law prohibits it. In J.F. v. D.B. (2006), the Pennsylvania Superior Court ruled that a surrogacy contract is not contrary to public policy and that the gestational carrier is not the legal mother. Application of surrogacy law can vary greatly by county and sometimes by judge, particularly when donors are involved.

Traditional Surrogacy

Permitted because no statute or published case law prohibits it. If the traditional surrogate is unmarried, the biological father can establish paternity by filing a Joint Acknowledgement of Paternity with the surrogate. If the traditional surrogate is married, a paternity proceeding may be necessary to establish the biological father as the legal father. A subsequent second-parent adoption will be necessary to establish the spouse or partner as the second legal parent. Alternatively, intended parents can opt for a post-birth adoption for both parents.

Pre-Birth Parentage Orders

Courts may grant pre-birth parentage orders, but outcomes can vary significantly by county and judge.

• If at least one parent is genetically related, both intended parents can typically be declared legal parents.
• If no parent is genetically related, results are less predictable and can vary by county.

Venue

Venue can be based on the county of the gestational carrier’s residence, the intended parents’ residence, or the child’s birthplace.

Hearing Requirements

Not all counties require hearings; some may leave it to the discretion of the judge.

Same-Sex Couples

Birth certificate naming: same-sex parents can be listed as Mother/Parent and Father/Parent on the final birth certificate. International same-sex male couples may initially have the biological father and gestational carrier listed on the birth certificate but can later request to have only the biological father or both fathers listed. A non-biological parent cannot automatically obtain a second-parent adoption based solely on the child being born in Pennsylvania; it is up to the court’s discretion. Pennsylvania Vital Records will honor a valid second-parent adoption order from another state and add the second parent to the birth certificate.

Birth Certificate Timing

Varies by county

Recognition of Out-of-State Orders

Pennsylvania will likely honor a valid pre-birth order from another state and add the second parent to the birth certificate.