Surrogacy in Pennsylvania
Surrogacy in Pennsylvania is somewhat friendly. Although there is no explicit case law or legislation, the Pennsylvania Superior Court has struck down lower-court decisions that deny surrogacy contracts and intended parents’ rights. But in absence of legislation, the availability of parental orders still varies throughout the state.
Jump Down this Article:
- The cost of surrogacy in Pennsylvania
- Is surrogacy in Pennsylvania legal?
- Satisfying the local bureaucracy
- FAQ for surrogacy in Pennsylvania
Also in the Guide:
Is Surrogacy Legal in Pennsylvania?
There are no statutes or published case law specifically permitting or prohibiting surrogacy, however, there is unpublished case law that permits surrogacy. It may be possible to obtain a pre-birth order in certain counties, and in certain scenarios, but results vary substantially by county and by judge. Post-birth adoptions, whether by stepparent or second parent, are also available in Pennsylvania.
Pennsylvania Surrogacy Laws at a Glance
Pennsylvania courts grant pre-birth orders in surrogacy cases. Both Intended Parents can be declared the legal parents in a pre-birth order where one or even neither parent is genetically related to the child. Pre-birth orders can be granted if the parent(s) are both single or coupled, married or unmarried, gay or straight, or even when using an egg or sperm donor.
Pre-Birth Orders Are Granted in Pennsylvania for…
|Married heterosexual couple using own egg and own sperm||YES|
|Married heterosexual couple using an egg donor or sperm donor||YES|
|Married heterosexual couple using both an egg donor and sperm donor||YES|
Pre-Birth and Post-Birth Orders in Pennsylvania
Following a pre-birth order, both parents, genetic or intended will be named on the birth certificate.
A hearing may be required, it depends on the judge or county the pre-birth order was filed in. If a hearing is required, the judge will most likely want all parties involved to appear in court, which would include intended parents.
Pennsylvania courts grant post-birth orders in surrogacy cases. Both Intended Parents can be declared the legal parents in a post-birth order where one or even neither parent is genetically related to the child.
Post-birth orders can be granted if the parent(s) are both single or coupled, married or unmarried, gay or straight, or even when using an egg or sperm donor.
Both intended parents will be named on the birth certificate following a post-birth order. A hearing is most often not required and intended parents are not required to appear in court.
If an order is granted, same-sex couples will be named as Parent/Parent on the final birth certificate. The Pennsylvania Department of Health does not allow a same-sex couple to obtain an initial copy of the birth certificate showing the name of the surrogate and Intended Father.
An egg/sperm donor does not have any parental rights over the child, rights would be terminated in an agreement prior to the surrogate becoming pregnant.
Surrogacy Contracts in Pennsylvania
Surrogacy contracts are enforceable in a court of law in Pennsylvania. A surrogacy agreement in Pennsylvania is like a surrogacy contract in any other state. This legal document addresses all potential risks and liabilities of the surrogacy process, as well as expectations and responsibilities for both parties of the surrogacy.
Both intended parents and prospective surrogates will need to work with separate surrogacy attorneys in Pennsylvania to draft this document, which will cover things like:
- Surrogate compensation
- A surrogate’s health and prenatal care during pregnancy
- Agreement on sensitive issues, such as termination
- Social information and contact expectations
- Steps to establish the intended parents’ rights
- And more
Once both intended parents and surrogate are comfortable with the terms of the surrogacy contract, it will be finalized and signed. After that, the medical process of surrogacy will begin.
Best Surrogacy Clinics in Pennsylvania
There are 14 fertility clinics in Pennsylvania currently reporting data about IVF cases. Of these, there are 7 clinics that regularly perform “surrogacy-type” IVF cases. Surrogacy cases are those using a donor egg and frozen embryo transfers, which is the most common procedure in a surrogacy journey.
The top IVF clinics in Pennsylvania have an average success rate of about 44.8% for each embryo transfer. That compares with 46.5% as the national average, which makes Pennsylvania a reasonable destination for a surrogacy journey in the United States.
Of the clinics performing surrogacy-type services, one reports live-birth rates above the national average.
All legal information in the SENSIBLE website is intended only as a guide, and not a replacement for opinions of licensed legal professionals. Some information may have changed since the time of publication, or may not apply to the particular circumstances of your case. Please consult an attorney who is licensed in the jurisdiction with authority over your journey.
About the authors
Reviewer: Melissa BrismanMelissa has been a pioneer in the field of reproductive law. Since 1996, she has drafted legislation and argued before State Supreme courts, setting the laws and protecting families and children born through assisted reproduction. Melissa can be reached through her firm, ReproductiveLawyer.com.
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