Pennsylvania Surrogacy Laws

Stance of Courts Toward Surrogacy

Surrogacy is permitted but not explicitly regulated.

 

Intended Parents Marital Status / Establishing Parentage

-pre-birth parentage orders are granted in most cases, county dependent.

Money Permitted?

Yes – no laws specify compensation for a surrogate.

Summary of Law

Pennsylvania courts recognize surrogacy agreements and issue parentage orders.

Cases, Additional Info

In J.F.v.D.B.,897 A.2d1261 (2006), the Pennsylvania Superior Court struck down a trial court’s holdings that a surrogacy contract was contrary to public policy and that a Gestational Carrier was the “legal mother.” That decision opened the door for Gestational Surrogacy to grow in Pennsylvania.”

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