Pennsylvania doesn’t have a specific statute governing surrogacy — and that’s exactly what makes working with the right agency and legal team so important. Because the state lacks clear legislative guidelines, outcomes can vary depending on your county and the court.
Whether you’re a hopeful parent exploring surrogacy as your path to parenthood or a prospective surrogate thinking about giving the gift of life, understanding Pennsylvania’s legal landscape is key. With American Surrogacy as your guide, you’ll feel empowered and ready to take the next step.
This guide covers everything you need to know about surrogacy laws in Pennsylvania. If you're ready to get started, speak with a surrogacy specialist today for more free information.
Pennsylvania Surrogacy Laws
Gestational surrogacy is allowed in Pennsylvania because there aren’t any laws that specifically ban it. This gives intended parents and surrogates the freedom to move forward with their journeys.
However, some legal outcomes can vary by county since there are no legal statutes in place. That’s why working with the right team is essential. American Surrogacy can help you navigate the nuances of your county’s requirements so you can move forward confidently.
Compensation for Building a Family: Is Paid Surrogacy Legal in Pennsylvania?
Yes, paid surrogacy is legal in Pennsylvania. Because there’s no law banning payment, intended parents and surrogates can create legally binding agreements that include surrogate compensation.
This compensation reflects the surrogate’s time, commitment and the physical demands of pregnancy. It also ensures she is supported throughout her journey.
We work with surrogates and intended parents across the U.S., and we can help you find a match in Pennsylvania where compensated surrogacy is permitted.
Want to learn more about surrogate pay and why it matters? Explore surrogate compensation today.
Protecting All Parties: Are Surrogacy Contracts Enforceable in Pennsylvania?
Yes. Courts in Pennsylvania have consistently upheld gestational surrogacy contracts as legally binding, even though there’s no specific statute outlining their requirements. That’s why it’s important to work with an experienced attorney who can ensure your agreement clearly reflects best legal practices.
Surrogacy Contract Checklist
A surrogacy contract protects everyone involved. So, what should be included in your agreement? Here's what you should address:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
We coordinate with top surrogacy attorneys to ensure that your contract reflects your wishes and complies with state surrogacy laws.
When Do I Need a Surrogacy Contract in Pennsylvania?
Your surrogacy contract is created after a match has been made but before any medical procedures begin. This ensures everyone is on the same page before the embryo transfer.
Learn more about how long the surrogacy process takes and when legal steps occur.
Ensuring a Smooth Journey: How Will American Surrogacy Support Me During the Contract Stage?
When you work with American Surrogacy, you won't have to navigate the legal process alone. Our team will walk you through every detail of your surrogacy contract alongside your attorney. We’ll ensure your rights and preferences are protected — whether you’re an intended parent or a surrogate.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
You can be confident that before we even present a surrogate’s profile to intended parents, we research local surrogacy laws to ensure the match will be legally sound.
LGBTQ+ Surrogacy Laws in Pennsylvania: Securing Your Parental Rights
Gestational surrogacy is permitted in Pennsylvania for LGBTQ+ couples and individuals, but outcomes can vary by county. That’s why it’s so important to work with an agency like ours that understands local legal nuances.
Intended parents can be listed as "Father and Parent " or "Mother and Parent." LGBTQ+ couples may be granted a pre-birth order, depending on the county and judge. This option is available for both married and unmarried LGBTQ+ couples to secure parental rights.
We proudly support all family-building journeys. Our LGBTQ+ surrogacy programs are designed to protect your investment and help you grow your family.
Abortion Laws in Pennsylvania and Surrogacy Contract Termination Agreements
Pennsylvania law bans abortions after 24 weeks and requires counseling and a 24-hour waiting period before the procedure. Additionally, state Medicaid does not cover abortion care except under limited exceptions.
All surrogacy contracts should include a section on termination and selective reduction. These terms should reflect the beliefs of both parties and the restrictions in your state.
If Pennsylvania’s policies do not align with your preferences, American Surrogacy can help you pursue your journey in a different surrogacy-friendly state.
Surrogacy Laws for Establishing Parentage in Pennsylvania: Officially Become a Parent
Establishing legal parentage is a key part of the surrogacy legal process. In Pennsylvania, this can be done with a pre-birth or post-birth order, depending on your situation.
Married and unmarried heterosexual couples can typically obtain these, though decisions for single parents or those using donor gametes vary. If a pre-birth order is not possible, a post-birth order can establish legal parentage after the child is born.
How to Get a Pre-Birth Order in Pennsylvania
To help you prepare for this important legal step, here’s a simple breakdown of the process:
Your attorney will draft and file the petition for parentage on your behalf. Some counties and judges may require a hearing. Your attorney will help prepare you for this. With expedited processing, the birth certificate can arrive in three to 10 days. Otherwise, you can expect it in two to six weeks.
International Surrogacy Laws
Since Pennsylvania has no law prohibiting international surrogacy, it is a viable option for families living abroad.
Depending on the country you live in, American Surrogacy can help you find a match and navigate legal requirements across borders.
The Role of a Surrogacy Attorney in Pennsylvania
A surrogacy attorney plays a vital role in making sure the legal side of your journey is handled correctly. Your attorney will help you draft and review your contract, guide you through parentage proceedings and ensure your rights are protected.
American Surrogacy partners with experienced attorneys across Pennsylvania and can help you find one who understands your goals and your county’s specific process.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
Legal fees in Pennsylvania typically range from $5,000 to $15,000. Intended parents usually cover the cost of the surrogate’s attorney.
At American Surrogacy, we factor legal expenses into our program pricing. When you work with us, you won’t need to worry about unexpected legal bills.
Find a Surrogacy Attorney Near Me
All the attorneys listed below are licensed to practice in Pennsylvania and are members of the American Academy of Adoption and Assisted Reproductive Attorneys (AAAA).
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Patricia Hoban — Patricia M. Hoban LLC (Bala Cynwyd)
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Melissa Brisman — Melissa B. Brisman, Esq. LLC (Montvale, NJ and New York, NY)
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Deborah Spivack — Law Offices of Deborah E. Spivack (Philadelphia)
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Leatrice Anderson — Leatrice Anders, Esq. (Hawley)
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Robin Fleischner — Robin A. Fleischner (Millburn, NJ and New York, NY)
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Christine Cockerill — Cockerill, Craig & Moore LLC (Woodbury, NJ)
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Rebecca Nayak — Hangley Aronchick Segal Pudlin & Schiller (Philadelphia)
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Craig Bluestein — Bloom Peters LLC (Maple Glen)
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Donald Cofsky — Cofsky & Zeidman LLC (Haddonfield, NJ)
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Dorota Gasienica-Kozak — King, Spry, Herman, Freund & Faul LLC (Bethlehem)
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Joseph Williams — Pollock Begg (Pittsburgh)
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M. Lawrence Shields III — M. Lawrence Shields III (Aspinwall)
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Stuart Sacks — Smigel, Anderson & Sacks (Harrisburg)
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Deborah Crum — Smigel, Anderson & Sacks (Harrisburg)
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Denise Bierly — Law Offcies of Denise M. Bierly (Bellefonte)
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David Secouler — The Law Office of David M. Secouler LLC (Fort Washington)
Explore Our Surrogacy Programs in Pennsylvania — Which Is Right for You?
We offer three surrogacy programs to fit your family’s needs:
Limited Risk Program
Get peace of mind with our Limited Risk Program. If your surrogacy journey faces delays like a surrogate being disqualified, an unsuccessful transfer or miscarriage, your fees are credited or refunded.
Foundation Program
This traditional pay-as-you-go option has lower upfront costs. It can be a great option for families who have a successful first transfer, though additional costs may apply if complications arise.
Independent Surrogacy Program
If you’ve already matched with a surrogate, this program eliminates duplicate costs while still giving you access to expert support and legal resources.
No. Pennsylvania does not require insurance providers to cover IVF. The states that do include Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Utah. No. In Pennsylvania, embryos are not considered legal persons. This means that decisions regarding embryo storage, donation or destruction are typically handled through private agreements between the parties involved. Yes. Traditional surrogacy is permitted in Pennsylvania because there’s no law or case law prohibiting it. However, it can be legally and emotionally complex. For instance, in the 2006 case of J.F. v. D.B., the court ruled that the surrogate retains parental rights and those rights can’t be signed away ahead of time No. Donors generally waive their parental rights through legal agreements. No. However, you may be able to deduct qualified medical expenses on your federal return if they exceed 7.5% of your adjusted gross income.FAQ: Legal Aspects of Surrogacy in Pennsylvania
Are insurance companies required to cover IVF in Pennsylvania?
Is an embryo considered a person in Pennsylvania?
Is traditional surrogacy legal in Pennsylvania?
Do sperm and egg donors have parental rights?
Is there an IVF tax credit?
You Deserve a Legally Sound Surrogacy Journey
Surrogacy is a life-changing journey. While the process is filled with meaningful milestones, it also involves important legal steps that shouldn’t stand in your way.
With American Surrogacy, you’ll have trusted experts helping you navigate every step. We make it easier to complete your journey, no matter what legal details come up.
Why wait any longer? Let’s make your dream of parenthood a reality.