An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Pennsylvania

Generally – is Pennsylvania friendly to ART?

Pennsylvania is generally friendly to ART.

Are surrogacy agreements enforceable, void or prohibited in Pennsylvania?

Surrogacy agreements are enforceable in Pennsylvania under case law.

How important is it in Pennsylvania to use a AAAA ART fellow?

While it is not necessary to use a AAAA ART fellow in Pennsylvania, doing so assures that the client will receive experienced, expert representation.

Is Pennsylvania friendly to non-married couples?

Pennsylvania is generally friendly to non-married couples, but in most cases only married couples can pursue a second-parent adoption.

Is Pennsylvania friendly to LGBT families?

Pennsylvania is friendly to LGBT families.

Are there statutes in place for surrogacy in Pennsylvania? 

No, Pennsylvania does not have statutes for surrogacy.  Surrogacy in Pennsylvania is permitted through case law.

Does Pennsylvania have an embryo donation statute?

No, Pennsylvania does not have an embryo donation statute.

Does Pennsylvania have an egg donation statute?

No, Pennsylvania does not have an egg donation statute.

Is Gestational Surrogacy permitted in Pennsylvania?

Gestational surrogacy is permitted in Pennsylvania under case law.

Is Traditional Surrogacy permitted in Pennsylvania?

Pennsylvania does not restrict traditional surrogacy, but Intended Parents pursuing traditional surrogacy in Pennsylvania can only secure parentage through a post-birth adoption.

Is compensated surrogacy allowed by statute in Pennsylvania?  In practice?

Yes, compensated surrogacy is permitted in Pennsylvania in practice.

Is non-compensated surrogacy allowed by law in Pennsylvania?

Yes, Pennsylvania permits non-compensated surrogacy in practice.

Does Pennsylvania only permit a Carrier to only be reimbursed for expenses (altruistic)?

No, Pennsylvania has no restrictions on payment to a Gestational Carrier.

Do both Intended Parents have to be genetically related to the child in Pennsylvania?

Intended Parents do not both have to be genetically related to the child in Pennsylvania.

Can a single Intended Parent use surrogacy in Pennsylvania?

A single Intended Parent can use surrogacy in Pennsylvania.

If a single Intended Parents uses surrogacy do they have to be genetically related to the child in Pennsylvania?

A single Intended Parent need not be genetically related to the child in Pennsylvania.

Do the Intended Parents have to be married in Pennsylvania?

Intended Parents do not have to be married in Pennsylvania.

Do two Intended Parents have to be opposite gender in Pennsylvania?

Intended Parents do not have to be opposite genders in Pennsylvania.

Does Pennsylvania allow pre-birth parentage orders to be issued for surrogacy?

Pennsylvania does allow pre-birth parentage orders to be issued.

Does Pennsylvania only allow a post-birth parentage order to be issued?

No, Pennsylvania allows for a pre- or post-birth order.

Can you obtain both a pre and post birth order in Pennsylvania?

Intended Parents can obtain both a pre- and post-birth order in Pennsylvania.

Can you obtain a parentage order if only the Carrier resides in Pennsylvania?

A parentage order can be obtained if only the carrier resides in Pennsylvania as long as the court accepts the case.

Can you obtain a parentage order if only the Intended Parents reside in Pennsylvania?

A parentage order can be obtained if only the Intended Parents reside in Pennsylvania as long as the court accepts the case.

Can you obtain a parentage order if only the birth occurs in Pennsylvania?

A parentage order can be obtained if only the birth occurs in Pennsylvania.

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in Pennsylvania?

A parentage order CANNOT be obtained if only the medical procedures/IVF Clinic is in Pennsylvania.

What is the basis for venue in Pennsylvania?

Pennsylvania has no venue statute with respect to parentage orders, but in practice, venue can be either the county where the Intended Parents live, where the carrier lives, or where the baby is to be born, or in any Pennsylvania Orphans’ Court that accepts the case.

Do results vary by venue in Pennsylvania?

Results may vary by venue in Pennsylvania, depending on the facts of the case.

Is a hearing required for a parentage order in Pennsylvania?

Depending on the judge, a hearing may be required for a parentage order in Pennsylvania.

Does Pennsylvania have a passport office?

Yes, Pennsylvania has a passport office.

How long does it take to obtain a birth certificate in Pennsylvania?

It takes 2-3 weeks to obtain an original birth certificate in Pennsylvania, 4-6 weeks for an amended birth certificate.

Will Pennsylvania vital records honor a pre-birth order from another state?

Pennsylvania Vital Records will honor a pre-birth order from another state.

How does the birth certificate list same-sex parents in Pennsylvania?

A Pennsylvania birth certificate lists same-sex parents as Mother/Mother or Father/Father.

Can an initial birth certificate be obtained naming the biological father and the Carrier in Pennsylvania?

In Pennsylvania, an initial birth certificate can be obtained naming the biological father and the Carrier.

Can the birth certificate be amended to include only the biological father or both fathers in Pennsylvania?

Yes, in Pennsylvania the birth certificate can be amended to include only the biological father or both fathers.

Do Pennsylvania amended birth certificates say “amended” on them?

No, Pennsylvania amended birth certificates do not say “amended” on them.

What are Pennsylvania’s second parent adoption rules?

In Pennsylvania, a second parent may adopt if they are married to the legal parent.  However, a confirmatory adoption (where the second parent is already a legal parent under case law) is permitted by an unmarried second parent.

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the Commonwealth of Pennsylvania should not rely exclusively on these printed responses.  All these issues should be discussed with a Pennsylvania attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.