On April 7, 2025, the Pennsylvania Legislature introduced House Bill 350, a significant piece of legislation aimed at clarifying and streamlining the legal process surrounding gestational surrogacy. This bill seeks to address the complexities and uncertainties that often accompany surrogacy agreements, ensuring that the rights of intended parents and surrogates are clearly defined and protected.

At the heart of House Bill 350 is a provision that allows intended parents to obtain a court order declaring their parental rights immediately upon the birth of the child. This order would affirm that the intended parents are recognized as the legal parents, while also clarifying that the surrogate and her spouse, if applicable, are not considered the child's parents. This legal clarity is crucial for families navigating the surrogacy process, as it helps prevent potential disputes over parental rights after the child is born.

The bill requires that any petition for such an order be accompanied by certifications from both the intended parents' attorney and the surrogate's attorney, confirming that the surrogacy agreement complies with the law. Additionally, each party must provide a statement affirming their voluntary participation in the agreement, which is designed to protect the interests of all involved.

While the bill has garnered support for its potential to simplify the surrogacy process, it has also sparked debates among lawmakers and advocacy groups. Some critics argue that the bill may not adequately address the rights of surrogates, particularly in cases where they may feel pressured to enter into agreements. Proponents, however, emphasize the importance of providing legal certainty for intended parents, which can ultimately lead to more families being formed through surrogacy.

The implications of House Bill 350 extend beyond legal definitions; they touch on social and emotional aspects of family building. By clarifying parental rights, the bill aims to foster a more supportive environment for families created through surrogacy, potentially reducing the emotional strain that can arise from legal ambiguities.

As the bill moves through the legislative process, its outcomes will be closely watched by families considering surrogacy, legal professionals, and advocates for reproductive rights. The discussions surrounding House Bill 350 highlight the evolving landscape of family law in Pennsylvania and the ongoing efforts to ensure that all parties involved in surrogacy arrangements are treated fairly and with respect.