On April 7, 2025, the Pennsylvania Legislature introduced House Bill 350, a significant piece of legislation aimed at clarifying and regulating surrogacy agreements within the state. This bill addresses critical issues surrounding parental rights, the validity of surrogacy contracts, and the confidentiality of related legal documents.

One of the primary provisions of House Bill 350 is the assertion that the consent of a spouse of an intended parent is not required for a surrogacy agreement to be valid. This means that an intended parent can enter into a surrogacy arrangement independently, without needing spousal approval, thereby streamlining the process for individuals or couples seeking to expand their families through assisted reproduction. Additionally, the bill stipulates that a divorce, dissolution, or annulment of an intended parent after signing the surrogacy agreement does not invalidate the agreement itself. This provision aims to protect the rights of intended parents and ensure that they remain recognized as legal parents of the child conceived through surrogacy, regardless of subsequent marital changes.

Another notable aspect of the bill is its emphasis on confidentiality. House Bill 350 includes strict guidelines regarding the inspection of documents and records related to surrogacy agreements. Unless a court orders otherwise, these documents will not be accessible to anyone other than the involved parties, their attorneys, and the child conceived through the agreement. This provision is designed to protect the privacy of all parties involved, particularly the child, and to maintain the integrity of the surrogacy process.

The bill also establishes exclusive, continuing jurisdiction for courts over matters arising from surrogacy agreements for a period of 180 days following the birth of the child. This ensures that any legal issues or disputes can be addressed promptly and effectively within a designated timeframe.

While House Bill 350 has garnered support for its clarity and protective measures, it has also sparked debates regarding the implications of allowing intended parents to bypass spousal consent. Critics argue that this could undermine the traditional family structure and raise ethical concerns about the rights of all parties involved, including the surrogate. Proponents, however, contend that the bill empowers individuals and couples who may face challenges in starting a family, particularly in cases of infertility or same-sex partnerships.

The economic implications of House Bill 350 could be significant, as it may encourage more individuals to pursue surrogacy as a viable option for family building, potentially increasing demand for surrogacy services and related legal assistance in Pennsylvania. Socially, the bill reflects a growing recognition of diverse family structures and the need for legal frameworks that accommodate them.

As House Bill 350 moves through the legislative process, its potential to reshape surrogacy practices in Pennsylvania remains a topic of keen interest. Stakeholders, including legal experts, family advocates, and prospective parents, will be closely monitoring developments to assess the bill's impact on family law and reproductive rights in the state.