Yes, Pennsylvania permits gestational surrogacy under limited statutory and judicial frameworks, though no comprehensive surrogacy statute exists. Courts recognize surrogacy agreements when pre-birth orders are sought, particularly in counties like Philadelphia and Allegheny, where judges apply equitable principles. The 2023 Pennsylvania Uniform Parentage Act (PUA) draft amendments signal a 2026 shift toward codifying gestational surrogacy, pending legislative approval.
Key Regulations for Surrogacy in Pennsylvania
- Gestational-only legality: Traditional surrogacy (genetic link to surrogate) remains unregulated and high-risk; courts disfavor such arrangements due to parentage disputes. Only gestational surrogacy—where the surrogate lacks genetic ties to the child—is judicially enforceable.
- Pre-birth orders: Courts in Philadelphia, Allegheny, and Montgomery counties routinely grant pre-birth parentage orders, but requirements vary. Surrogates must undergo psychological evaluations, and intended parents must demonstrate financial and legal preparedness via escrow accounts monitored by the Pennsylvania Department of Human Services.
- Post-birth confirmation: Even with pre-birth orders, Pennsylvania mandates post-birth judicial confirmation within 30 days. The 2026 PUA amendments propose streamlining this process by standardizing venue rules and eliminating county-specific variances.