On April 7, 2025, the Pennsylvania Legislature introduced House Bill 350, a significant piece of legislation aimed at clarifying and regulating genetic surrogacy agreements within the state. This bill seeks to address the complexities surrounding parentage and legal recognition of children born through assisted reproduction, particularly in cases involving surrogacy.

The primary purpose of House Bill 350 is to establish a clear legal framework for genetic surrogacy agreements, ensuring that intended parents can secure legal recognition of their parental rights. Under the proposed legislation, the Department of Health is required to file a notice with the court within 60 days of the birth of a child conceived through a surrogacy agreement. This notice serves as a formal declaration that the child has been born to the genetic surrogate. Following this, the court is mandated to issue an order validating the surrogacy agreement, thereby confirming that each intended parent is recognized as a legal parent of the child.

Key provisions of the bill include the stipulation that genetic surrogacy agreements must be validated by the court to be enforceable. If an agreement is not validated, it remains enforceable only to a limited extent. However, the bill allows for the possibility of court validation even after assisted reproduction has occurred, provided that all parties involved agree and the court finds that the agreement meets specific eligibility and content requirements.

The introduction of House Bill 350 has sparked notable discussions among lawmakers, legal experts, and advocacy groups. Proponents argue that the bill is essential for protecting the rights of intended parents and ensuring that children born through surrogacy have clear legal recognition. They emphasize that the legislation addresses a growing need for clarity in family law, particularly as assisted reproductive technologies become more prevalent.

Opponents, however, raise concerns about the implications of such agreements on the rights of surrogates and the potential for exploitation. Critics argue that without adequate protections for surrogates, the bill could lead to situations where the rights and well-being of women serving as surrogates are compromised. This debate highlights the delicate balance lawmakers must strike between facilitating family formation and safeguarding the rights of all parties involved.

The economic implications of House Bill 350 are also noteworthy. By providing a clear legal framework for surrogacy, the bill could encourage more families to consider assisted reproduction options, potentially boosting related industries such as fertility clinics and legal services. Conversely, if the bill is perceived as favoring intended parents at the expense of surrogates, it could lead to public backlash and calls for further regulation.

As House Bill 350 moves through the legislative process, its significance cannot be understated. The outcome of this bill could reshape the landscape of family law in Pennsylvania, influencing how surrogacy is approached and regulated in the future. Stakeholders are closely monitoring the discussions, anticipating amendments and further debates that may arise as the bill progresses. The next steps will involve committee reviews and potential revisions, as lawmakers seek to address the concerns raised by both supporters and critics of the legislation.