Gestational Surrogacy Regulations in Pennsylvania

Overview

Gestational Surrogacy is generally permitted in Pennsylvania. There are no statutes or
published case law that specifically permits or prohibits surrogacy. In J.F. v. D.B., 941 A.2d
718 the Pennsylvania Superior Court struck down a trial court’s holding that a surrogacy
contract was contrary to public policy, thus allowing Gestational Surrogacy to grow in
Pennsylvania.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes*
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes*
Resident status:
No*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational and Traditional Surrogacy
Resident status:
No*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of Pennsylvania there is basis for venue in Pennsylvania. There is also basis for venue if the child is born in Pennsylvania * ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational and Traditional Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes*

Birth of Child

Birth in Pennsylvania:
Yes
Birth outside of Pennsylvania:
Yes

It may be possible to obtain a Pre-Birth Order in certain countries and in certain scenarios,
but results vary substantially by county and by judge.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
No
Post-Birth Orders:
Yes

General Information

Will Pennsylvania Vital Records honor a Pre-Birth Order from another state:
Varies county by county
What is the typical time frame to obtain a birth certificate after delivery:
3 days – 6 weeks
How are same-sex parents named on the final birth certificate:
Mother/Parent and Father/Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
At the court’s discretion

Second Parent and Stepparent Adoptions for Pennsylvania Residents:

*This situation typically arises if the child is born outside of Pennsylvania. The parents then return to Pennsylvania to obtain a second parent adoption or stepparent adoption in Pennsylvania. Post-Birth Adoptions, whether by stepparent or second parent, are available in Pennsylvania. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Pennsylvania?

*Traditional Surrogacy is generally permitted because no statute or published case law prohibits it. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.