In the near future, I intend to introduce legislation to address a troubling gap in Pennsylvania’s child protection laws that allows registered sex offenders to become parents through surrogacy.   
 
While Pennsylvania law rightfully prohibits registered sex offenders from adopting or fostering a child, surrogacy arrangements are not covered by these prohibitions.  Current law permits intended parents to obtain a pre-birth parentage order that designates them as the child’s legal parents at the moment of birth.  This process bypasses the background checks, home studies, and judicial oversight that would otherwise be required in an adoption or foster care placement. 
 
This loophole was recently brought to light in a deeply disturbing case in which a Tier I sexual offender – who was previously convicted of sexually abusing a minor – was successful in lawfully obtaining full legal parentage of a child through surrogacy.  Because the surrogacy process did not trigger the adoption-related protections in current law, the individual’s alarming criminal history did not prevent him from securing a court order designating him as a legal parent. 

My legislation will close this dangerous loophole by prohibiting sex offenders from obtaining legal parentage through a surrogacy agreement and requiring background checks and child abuse clearances for all intended parents prior to the issuance of a pre-birth parentage order. 

I respectfully urge you to join me in cosponsoring this important legislation.  No child should be placed in the custody of an individual with a known history or child sexual abuse.