Surrogacy Laws & Process in Pennsylvania
Understanding the Surrogacy Process in Pennsylvania
Pennsylvania does not have a statute explicitly regulating surrogacy, but the process is well-supported through case law. Courts routinely uphold gestational surrogacy agreements, and pre-birth parentage orders are commonly granted across the state, although specific procedures can vary by county and even by judge.
In J.F. v. D.B. (2006), the Pennsylvania Superior Court confirmed that surrogacy contracts are not against public policy, and that the gestational carrier is not automatically considered the legal mother. This decision paved the way for legal recognition of intended parents regardless of biological connection.
Surrogacy in Pennsylvania is available to married and unmarried couples, same-sex and opposite-sex partners, and single intended parents. While practices vary slightly by venue, courts generally treat all family structures equitably when determining legal parentage.
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Pre-Birth Parentage Orders in Pennsylvania: Legal Recognition Before Birth
Intended parents in Pennsylvania can often obtain a pre-birth parentage order, which allows them to be named on the child’s birth certificate before delivery. This legal process affirms their parental rights and smooths the hospital and post-birth logistics.
However, the availability and specific procedure for a pre-birth order can depend on the county and the judge overseeing the case. Most counties do not require a hearing, but some do.
Pre-birth orders are typically granted in the following scenarios:
Married Same-Sex Couples
Courts generally approve pre-birth orders, granting legal parentage before birth.
Unmarried Heterosexual Couples
Legal parentage can be granted pre-birth, but outcomes may vary slightly by county.
Single Intended Parents
Individuals pursuing surrogacy alone may receive parentage orders before the child’s birth.
Couples Using Donor Gametes
Courts usually grant pre-birth orders regardless of whether the intended parents used donor eggs or sperm. However, there may be additional judicial discretion if neither parent is genetically related to the child.
Opposite-Sex Married Couples
These couples are consistently granted pre-birth parentage orders.
Unmarried Same-Sex Couples
Pre-birth orders are generally granted, though venue-specific differences may apply.
If no party resides in Pennsylvania but the birth is planned in-state, courts may still grant a pre-birth order, depending on the judge. Likewise, Pennsylvania Vital Records may honor out-of-state parentage or adoption orders, but this too can vary by county.
Explore the Carrying Dreams Surrogacy Heatmap
If you are curious about how Pennsylvania compares to other states for surrogacy, take a look at our surrogacy heatmap. It offers valuable insights into why Pennsylvania is one of the best states for surrogacy. Click here to view our heatmap.
If you have any inquiries about the surrogacy laws & process in Pennsylvania, feel free to contact us today.
