Pennsylvania Surrogacy Laws 2026

Understanding surrogacy laws in Pennsylvania

Welcoming a child through surrogacy is a profound and life-changing journey—one that deserves clarity, compassion, and unwavering legal protection. Pennsylvania has no laws that prohibit surrogacy and has earned a reputation for being among the most supportive and inclusive in the United States, offering Intended Parents and Surrogates a clear, secure path forward. Whether you’re considering growing your family or helping someone else achieve their dream, you can feel confident knowing that there is a legal precedent in Pennsylvania designed to protect your rights, your relationships, and your peace of mind.

Pennsylvania does not have a specific statute governing surrogacy, but its courts and legal community have established a strong, reliable framework through case law and consistent judicial practice. This means that both gestational and traditional surrogacy arrangements are recognized and supported, provided all parties follow best practices and legal guidance. At Hatch, we believe that every family deserves transparency, respect, and safety at every step—and Pennsylvania’s approach to surrogacy reflects these values.

Types of surrogacy recognized in Pennsylvania

Pennsylvania stands out for its inclusive recognition of both major forms of surrogacy:

Gestational surrogacy

Gestational surrogacy is the most common arrangement in Pennsylvania. In this process, the Surrogate (also called a gestational carrier) has no genetic relationship to the child. Instead, an embryo created from the Intended Parents’ or donors’ egg and sperm is transferred to the Surrogate’s uterus. Pennsylvania courts and agencies fully support gestational surrogacy, making it a safe and accessible option for all types of families—including married couples, single parents, and LGBTQ+ individuals.

Traditional surrogacy

Traditional surrogacy, where the Surrogate’s own egg is used, is also legally recognized in Pennsylvania. However, because the Surrogate is genetically related to the child, these arrangements can involve more complex legal steps, especially regarding parental rights and consent. While less common, traditional surrogacy is still a viable path for some families, provided all parties receive thorough legal counseling and support.

Altruistic and compensated surrogacy

Both altruistic (unpaid) and compensated surrogacy are permitted in Pennsylvania. Compensation for Surrogates is legal, as long as it is clearly outlined in a written agreement and complies with ethical guidelines. This flexibility ensures that Surrogates are respected and fairly supported, while Intended Parents can pursue the arrangement that best fits their needs and values.

These inclusive options mean that, whatever your circumstances, Pennsylvania surrogacy laws are designed to honor your intentions and protect your journey.

Who can become a Surrogate or Intended Parent

Pennsylvania’s surrogacy laws are built on the principle of fairness and inclusivity, ensuring that a wide range of individuals and couples can participate in the surrogacy process. Here’s what you need to know about eligibility:

Intended Parents

• Marital status: Both married and unmarried individuals or couples are welcome. There is no requirement to be married to pursue surrogacy in Pennsylvania.
• Sexual orientation: LGBTQ+ individuals and couples have the same legal protections and opportunities as heterosexual Intended Parents.
• Residency: You do not need to be a Pennsylvania resident to pursue surrogacy in the state, making it a popular destination for families from across the U.S. and abroad.

Surrogates

• Age and health: Surrogates must be legal adults (typically 21–45 years old) and in good physical and mental health, with at least one prior healthy pregnancy and delivery.
• Screening: Comprehensive medical, psychological, and background screenings are required to ensure the safety and well-being of all parties.
• Legal counseling: Surrogates must have independent legal representation to review and negotiate the surrogacy agreement, ensuring their rights and interests are fully protected.

These safeguards are in place to protect and support everyone involved, fostering a surrogacy process that is both safe and respectful.

Establishing parentage and birth certificates

One of the most reassuring aspects of Pennsylvania surrogacy laws is the clear, court-supported process for establishing legal parentage. This ensures that Intended Parents are recognized as the child’s legal parents from birth, providing peace of mind and security for all.

Pre-birth orders

Pennsylvania courts routinely grant pre-birth parentage orders for gestational surrogacy arrangements. This legal document names the Intended Parents as the child’s legal parents before birth, allowing their names to appear directly on the original birth certificate. Pre-birth orders are available to:

• Married and unmarried couples
• Single Intended Parents
• LGBTQ+ individuals and couples
• Both genetic and non-genetic Intended Parents (including those using egg or sperm donors)

Traditional surrogacy parentage

For traditional surrogacy, the process may involve additional steps, such as a post-birth adoption or termination of the Surrogate’s parental rights, due to her genetic connection to the child. Legal guidance is essential to ensure a smooth transition of parental rights.

Birth certificates

With a valid pre-birth order, the Intended Parents’ names are placed on the birth certificate immediately, eliminating uncertainty and ensuring a seamless transition home with your child. This process is recognized and respected by hospitals and state agencies throughout Pennsylvania.

These legal protections are designed to give you confidence and clarity, so you can focus on what matters most—welcoming your child into a loving, secure family.

Take the next step with confidence

Begin your surrogacy journey in Pennsylvania with expert support

Choosing surrogacy is a deeply personal decision, and you deserve a partner who will guide you with expertise, compassion, and unwavering commitment to your safety and success. At Hatch, we’re here to ensure your journey is supported by the strongest legal protections, transparent communication, and heartfelt respect for every individual involved. Ready to take the next step? Let us help you build your family with confidence and care.

Frequently Asked Questions

• Are surrogacy contracts enforceable under Pennsylvania surrogacy laws?
  Yes, surrogacy contracts are generally recognized and enforceable in Pennsylvania, provided all parties have independent legal counsel and the agreement is clear and comprehensive.
• Can LGBTQ+ Intended Parents pursue surrogacy in Pennsylvania?
  Absolutely. Pennsylvania surrogacy laws fully support LGBTQ+ individuals and couples, offering equal access to parentage orders and legal protections.
• Is compensated surrogacy legal in Pennsylvania?
  Yes, compensated surrogacy is legal. Surrogates can receive payment for their time, effort, and expenses, as long as the terms are clearly outlined in the surrogacy agreement.
• Do Intended Parents need to live in Pennsylvania?
  No, you do not need to be a resident of Pennsylvania to pursue surrogacy in the state. Many Intended Parents from other states and countries choose Pennsylvania for its supportive legal environment.
• How are birth certificates handled in Pennsylvania surrogacy cases?
  With a pre-birth order, Intended Parents’ names are placed directly on the birth certificate at birth, ensuring immediate and secure legal parentage.