Many prospective parents have wondered if a family member can be a surrogate in Pennsylvania. The answer: Yes! The benefits of a family member becoming your surrogate are that you have a closer relationship to the surrogate than you would with a stranger, and the possible complicated legal ramifications are reduced, potentially mitigating the cost of surrogacy.
There are two different types of surrogacy in Pennsylvania: traditional and gestational.
Traditional vs. Gestational Surrogacy
Traditional surrogacy is when the surrogate provides her own egg, which results in the surrogate having a biological relationship to the child (genetically related).
Gestational surrogacy is when the intended mother provides the egg, and the surrogate is simply the carrier of the child, with no immediate biological relationship to the child.
While both traditional surrogacy and gestational surrogacy are legal in Pennsylvania, traditional surrogacy is not always well-regulated, and without the legal assistance of attorneys who know the ins and outs of surrogacy, potential parents can face many complications.
Traditional surrogacy births are treated in a very similar way as legal adoptions in Pennsylvania. This means that there are no pre-birth parental orders permitted, and there can be no compensation to the surrogate.
After the birth of the child in a traditional surrogacy, there are additional steps the intended parents must follow to establish their parental rights and to terminate those of the surrogate. Not all additional steps are required for gestational surrogacy.
The Preferred Type of Surrogacy in PA
Because of those additional steps, gestational surrogacy is generally the preferred method of surrogacy in Pennsylvania. However, because many potential parents have complications providing their own eggs for gestation, traditional surrogacy should always be discussed with both your partner and a knowledgeable attorney.
Some same-sex couples face the complication of requiring egg or sperm donors in order to conceive via surrogacy. Due to the prohibition of pre-birth parental orders in Pennsylvania, it is highly advisable that you work with a surrogacy professional with experience in Pennsylvania surrogacy laws.
Speak with a Pennsylvania Surrogacy Law Attorney
If you are considering surrogacy to conceive, it would be our pleasure to assist you along your journey to parenthood. You can schedule your first appointment at Baby Steps Surrogacy Center, Inc. by clicking the contact link at the top of our website or by calling us directly at 412-281-9906.