New law clarifies parentage rights in gestational surrogacy agreements

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 gestational surrogacy agreements. This bill addresses critical issues surrounding the rights of intended parents, particularly in cases where one parent may pass away during the surrogacy process.

The primary purpose of House Bill 350 is to establish clear guidelines regarding the parentage of children conceived through assisted reproduction under gestational surrogacy agreements. One of the key provisions allows for an intended parent to be recognized as the legal parent even if they die after the transfer of a gamete or embryo but before the child is born. This provision seeks to protect the rights of intended parents and ensure that children born from these agreements have legal recognition and support.

However, the bill also outlines specific conditions under which a deceased intended parent can still be recognized. If an intended parent dies before the transfer of a gamete or embryo, they will not be considered a parent unless the surrogacy agreement explicitly states otherwise, and certain timelines are adhered to regarding the transfer and notification of the estate. These stipulations aim to balance the rights of the deceased's estate with the interests of the surrogate and the child.

The introduction of House Bill 350 has sparked notable discussions among lawmakers, legal experts, and advocacy groups. Supporters argue that the bill is a necessary step toward modernizing Pennsylvania's family law to reflect the realities of assisted reproduction and surrogacy. They emphasize the importance of providing legal clarity and protection for families formed through these methods, particularly in sensitive situations involving loss.

Opponents, however, raise concerns about the potential implications for the rights of surrogates and the complexities that may arise in cases where multiple parties have claims to parentage. Some fear that the bill could lead to legal disputes that complicate the surrogacy process and affect the well-being of the child.

The economic and social implications of House Bill 350 are significant. By providing clearer legal frameworks, the bill could encourage more families to consider surrogacy as a viable option, potentially increasing demand for surrogacy services in Pennsylvania. This could lead to growth in related industries, such as fertility clinics and legal services, while also addressing the emotional and financial challenges faced by families seeking to expand.

As the bill moves through the legislative process, its outcomes will be closely monitored by stakeholders across the state. If passed, House Bill 350 could set a precedent for how gestational surrogacy is handled in Pennsylvania, impacting countless families and shaping the future of family law in the state. The ongoing discussions surrounding the bill highlight the need for thoughtful consideration of the rights and responsibilities of all parties involved in surrogacy agreements, ensuring that the best interests of children remain at the forefront.