Legal note: This page is educational only. Pennsylvania surrogacy planning should be reviewed by Pennsylvania-licensed reproductive counsel before an agreement is signed or medical treatment begins.

Current legal framework

As of August 2026, Pennsylvania has not enacted a comprehensive Uniform Parentage Act or dedicated gestational-surrogacy statute. The Pennsylvania Superior Court has addressed enforceability of a gestational-carrier agreement and parentage in published case law, but that does not create a single statutory checklist for every future arrangement.

Case law matters

In Whitewood v. Wolf-era family-law developments and later gestational-carrier litigation, Pennsylvania courts have recognized parentage and contract issues arising from assisted reproduction. A Pennsylvania Superior Court decision involving a gestational carrier upheld important aspects of the parties' arrangement and parentage order. Because case-specific facts matter, this should not be reduced to a claim that every agreement or every requested order will be treated identically.

Pending legislation is not current law

Pennsylvania lawmakers have considered bills that would enact a modern parentage framework including assisted reproduction and surrogacy agreements. For example, House Bill 350 passed the House in June 2025 and was referred to the Senate Judiciary Committee. Until legislation is enacted and effective, proposed statutory language should not be described as Pennsylvania's current surrogacy law.

Parentage orders

The timing, venue and form of a parentage order can depend on the facts of the case and current local procedure. This site does not label particular counties as “best” or guarantee that a pre-birth order will be available. Counsel should confirm the proper filing strategy for the specific intended parents, surrogate and anticipated place of birth.

LGBTQ+ and single intended parents

Pennsylvania's current lack of a dedicated surrogacy statute means this page should not promise a separate or automatic pathway based on family configuration. The appropriate parentage strategy should be confirmed with counsel for the specific arrangement.

What to verify before proceeding

  • Which Pennsylvania court has jurisdiction and venue.
  • How the gestational-carrier agreement should be structured.
  • Whether and when a parentage petition should be filed.
  • How the hospital and birth-record process will be handled.
  • Whether any pending statutory change has become effective before treatment or delivery.

Pennsylvania should be treated as a jurisdiction requiring case-specific legal planning, not as a state with a universal surrogacy checklist.