RE: Protecting Children in Gestational Carrier (Surrogacy) Arrangements – Interstate Background Check Requirements
 
In the near future, I will introduce legislation amending Title 23 (Domestic Relations) to close dangerous gaps in Pennsylvania’s surrogacy laws by requiring comprehensive background checks for all parties to a gestational carrier (surrogacy) agreement, including out-of-state carriers and their adult household members.
 
Background

Currently, Pennsylvania law does not require uniform background checks for intended parents, gestational carriers, or their household members involved in surrogacy arrangements. This creates serious risks:
 

• Children may be placed into homes without proper vetting, including those with histories of abuse or certain criminal offenses.
• Out-of-state gestational carriers can participate in Pennsylvania surrogacy arrangements without meeting Pennsylvania’s safety standards.
• Courts are left without uniform guidance, leading to inconsistent and potentially unsafe outcomes.

 
Summary of Legislation

My bill will:

1.   Require mandatory background checks for
 

• Intended parents
• Gestational carriers
• All adult household members.

Checks include:
 

• PA State Police criminal history;
• FBI fingerprint-based background;
• PA Child Abuse History Clearance; and
• National sex offender registry check.

2.   Establish interstate protections (new   5702(c))
 

• Out-of-state carriers and adult household members must submit criminal, child abuse, and sex offender clearances from their state of residence.
• No child may be brought into Pennsylvania for parentage recognition until all checks are completed and verified.

3.   Empower Pennsylvania courts (new   5703(c))
 

• Courts cannot grant pre-birth or post-birth parentage orders without verified compliance.
• Civil and criminal penalties are included for noncompliance or fraudulent submissions.

 
Why This Matters


This legislation is child-protection driven. It ensures:
 

• Every child born via surrogacy is placed in a safe, vetted home, regardless of where the gestational carrier lives;
• Pennsylvania will not become a loophole jurisdiction for unsafe or unvetted surrogacy arrangements; and
• Courts have the tools to block high-risk or fraudulent petitions.

 
I respectfully invite you to join me as a co-sponsor of this important legislation to protect children, close interstate surrogacy loopholes, and standardize child welfare protections across the Commonwealth.


If you have any questions, please contact my Legislative Director, Aaron Bashir (abashir@pasen.gov), or my Chief of Staff, Donald Beishl (dbeishl@pasen.gov).