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.
Pennsylvania stands out for its inclusive recognition of both major forms of 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, 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.
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.
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:
These safeguards are in place to protect and support everyone involved, fostering a surrogacy process that is both safe and respectful.
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.
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:
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.
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.
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