[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.grossmcginley.com\/resources\/blog\/pennsylvania-surrogacy-law\/#BlogPosting","mainEntityOfPage":"https:\/\/www.grossmcginley.com\/resources\/blog\/pennsylvania-surrogacy-law\/","headline":"Pennsylvania Surrogacy Law","name":"Pennsylvania Surrogacy Law","description":"As hospitals and other medical facilities begin to reopen, elective surgeries and other medical treatments will once […]","datePublished":"2020-08-04","dateModified":"2021-03-04","author":{"@type":"Person","@id":"https:\/\/www.grossmcginley.com\/resources\/author\/connie-nelson\/#Person","name":"Constance K. Nelson","url":"https:\/\/www.grossmcginley.com\/resources\/author\/connie-nelson\/","identifier":38,"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2021\/02\/Constance-K-Nelson-headshot-150x150.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2021\/02\/Constance-K-Nelson-headshot-150x150.jpg","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Gross McGinley, LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2020\/08\/people-2592302_1920-01463068x9F954.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2020\/08\/people-2592302_1920-01463068x9F954.jpg","height":800,"width":800},"url":"https:\/\/www.grossmcginley.com\/resources\/blog\/pennsylvania-surrogacy-law\/","about":["Blog"],"wordCount":509,"keywords":["Adoptions","Custody","Family Law","Matrimonial & Family Law","Surrogacy"],"articleBody":"As hospitals and other medical facilities begin to reopen, elective surgeries and other medical treatments will once again become available. An area that is sure to see resurgence will be treatments involving Assisted Reproductive Technology (ART). One such ART, surrogacy, implicates a variety of potential legal issues that will need to be addressed. For families who are unable to have children without assistance, surrogacy is a possibility, but a knowledge and understanding of Pennsylvania surrogacy law is crucial.What is Surrogacy? Surrogacy is classified into two unique categories; each holding their own unique status. \u201cTraditional surrogacy\u201d occurs where the surrogate mother is impregnated, usually by the husband of the couple who intend to be the child’s parents, and carries the child to term, while \u201cgestational surrogacy\u201d occurs where a woman (gestational carrier) agrees to bear a child for a couple (or individual), and undergoes a transfer of an embryo (not created with her egg) that was produced by\u00a0in vitro fertilization (IVF).[1] While the PA State Legislature has yet to produce insight on the topic, the PA court system has recognized surrogacy and afforded it a legal remedy.Gestational Surrogacy and PA LawRegarding gestational surrogacy, The Pennsylvania Department of Health issued a set of procedures referred to as the \u201cAssisted Conception Birth Registration Procedure\u201d requiring the following:1) a certificate of live birth completed at the time of the child\u2019s birth by either the obstetrician or the midwife that lists the surrogate\u2019s information,2) a supplemental report of assisted conception completed by the obstetrician\/midwife that details the intended parents\u2019 information, and3) a pre-birth order a county judge obtained by filing a petition the child is born or where the intended parents reside.In 2006, the Pennsylvania Superior Court, while declining to address the validity of surrogacy agreements, held that gestational carrier without biological connection to children was not children’s legal mother and had no standing to challenge biological father’s right to custody.In 2015, the Pennsylvania Superior Court upheld the validity of a gestational carrier contract as binding and enforceable.Traditional Surrogacy and the LawWith regards to traditional surrogacy, a wife who is not the biological parent of a child born to a traditional surrogate inseminated by the husband has a right to sue for custody by virtue of being in loco parentis.While the PA Department of Health and the State Legislature remain silent on traditional surrogacy, individuals seeking custody have the opportunity to become an adopting parents under the PA Adoption Act.—The Family Law Team at Gross McGinley provides legal support in a wide range of family law matters, including fertility law. The firm is here to assist you with your ART law needs. Please contact the firm now to get started.[1] \u00a7 26:4.Gestational agreements (surrogacy), 17 West’s Pa. Prac., Family Law \u00a7 26:4 (8th ed.).A former prosecutor,\u00a0Constance K. Nelson\u00a0counsels families and individuals facing\u00a0domestic matters\u00a0including custody, divorce, adoption, alimony and more.\u00a0Summer Associate Andrew Milisits, law student at\u00a0Villanova University Charles Widger School of Law, also contributed to this blog.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Resources","item":"https:\/\/www.grossmcginley.com\/resources\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Blog","item":"https:\/\/www.grossmcginley.com\/resources\/\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":3,"name":"Pennsylvania Surrogacy Law","item":"https:\/\/www.grossmcginley.com\/resources\/blog\/pennsylvania-surrogacy-law\/#breadcrumbitem"}]}]