Legislative Milestone in Pennsylvania’s Surrogacy Landscape:
2006
The specific timeline from the 1980s to 2010s isn't documented. However, a significant court case in 2006, J.F.v.D.B., played a crucial role in supporting gestational surrogacy in Pennsylvania by overturning a previous court ruling that was against surrogacy contracts.
Surrogacy Contracts
Are legally binding in Pennsylvania.
Should establish parental rights and obligations.
Each party should be represented by a separate surrogacy attorney.
Parental Rights
Intended Parents can obtain pre-birth orders to be recognized as legal parents, although the issuance of such orders can vary depending on the judge and county.
Legal Rights of Surrogates:
Access to counseling and psychological support.
Full coverage for surrogacy-related medical needs.
Surrogates can be compensated for their services in gestational surrogacy arrangements.
Who Can Benefit from Surrogacy in PA?
Single individuals
Heterosexual couples
Same-sex couples
Surrogacy Environment in Pennsylvania
Surrogacy in Pennsylvania operates in a legally gray area, as the state has no explicit laws governing or prohibiting gestational carrier agreements. However, Pennsylvania’s courts have generally been favorable toward surrogacy, especially gestational surrogacy, where the surrogate is not genetically related to the child she carries. This judicial backing is crucial for both intended parents and surrogates, ensuring that their agreements can be recognized and enforced.
Advantages of Surrogacy in PA:
The state has witnessed progressive movements towards the establishment of parentage for intended parents, which can often be completed without post-birth legal procedures such as adoption. Pennsylvania’s legal system permits pre-birth orders under certain circumstances, which can provide a sense of security and legitimacy for intended parents from the outset.
