On April 7, 2025, the Pennsylvania Legislature introduced House Bill 350, a significant piece of legislation aimed at clarifying the legal status of parentage in cases involving genetic surrogacy agreements. The bill seeks to address the complexities surrounding parentage rights, particularly in situations where intended parents may pass away before the birth of a child conceived through assisted reproduction.

One of the key provisions of House Bill 350 establishes that a surrogate is not automatically recognized as a parent. Instead, the court will adjudicate parentage based on the best interests of the child, considering factors outlined in existing law regarding competing claims of parentage. This provision aims to ensure that the intentions of all parties involved in the surrogacy agreement are respected while prioritizing the welfare of the child.

The bill also introduces specific guidelines regarding the parentage status of intended parents who die either before or after the transfer of gametes or embryos. Notably, if an intended parent dies after the transfer but before the child's birth, they are still legally recognized as a parent. Conversely, if an intended parent dies before the transfer, they will not be considered a parent unless certain conditions are met, such as stipulations in the surrogacy agreement or timelines for embryo transfer and birth.

Debate surrounding House Bill 350 has highlighted concerns from various stakeholders, including advocates for reproductive rights and legal experts. Some argue that the bill provides necessary protections for children born through surrogacy, while others express apprehension about the implications for intended parents, particularly in cases of unexpected death.

The economic and social implications of this legislation are significant, as it could affect the surrogacy industry in Pennsylvania, which has been growing in recent years. By providing clearer legal frameworks, the bill may encourage more families to consider surrogacy as a viable option, potentially leading to increased demand for surrogacy services.

As House Bill 350 moves through the legislative process, its outcomes could reshape the landscape of reproductive rights and parentage laws in Pennsylvania. Stakeholders are closely monitoring the bill's progress, anticipating further discussions and potential amendments that may arise as it gains traction in the legislature.