Surrogacy Laws in Pennsylvania

Fast Facts

• Is Pennsylvania a surrogate friendly state: Yes.
• Can Parent(s) obtain a birth order without an adoption: Yes.
• Can birth order be obtained without a genetic connection to Child: Yes.

Summary of Pennsylvania Surrogacy Law

Pennsylvania is characterized as a “surrogate friendly” state, that is to say, Pennsylvania has not enacted legislation prohibiting surrogate relationships and therefore the same are available to assist individuals, couples and same sex partners with their family building needs. In 1996, the Pennsylvania Department of Health formulated the Assisted Conception Birth Registration process which allows Intended Parents’ names to be identified on the child’s birth certificate through a Pre-Birth Order. A Pre-Birth Order is available to Intended Parents regardless of whether they have a genetic connection to the child and it is not necessary for Intended Parents to adopt the child.

Surrogacy in Pennsylvania has been established through case law. The In Re: Baby S. opinion issued by the Superior Court of Pennsylvania in 2015 confirmed the enforceability of gestational surrogacy contracts in Pennsylvania, established through the Pennsylvania Department of Health’s Assisted Conception Birth Registration process, as well as Intended Parents’ legal parentage of such child born via gestational surrogacy, regardless of whether Intended Parents were biologically related to the child.

Attorneys specializing in surrogacy law in Pennsylvania

Dominic A. Farole, Esquire
Law Office of Dominic A. Farole, P.C.
farolelawoffice.com
(610) 502-2720
4622 Cortland Drive, Suite 1
Orefield, PA 18069
dominic@farolelawoffice.com
Member of PA and NJ Bars

Yifat Shaltiel, Esq.
Shaltiel Law Group, LLC
yslawgroup.com
(607) 273-3332
206A Dryden Road, #148
Ithaca, NY 14850
ys@yslawgroup.com

Melissa Brisman, Esq.
Melissa B. Brisman Esq. Reproductive Lawyer
reproductivelawyer.com
(201) 505-0099
1 Paragon Dr., Suite 115
Montvale, NJ 07645
info@reproductivelawyer.com