In Pennsylvania, intended parents can establish legal parentage through surrogacy by obtaining a parentage order from the court. The process for securing legal parentage can vary significantly, as Pennsylvania does not have specific statutes governing surrogacy. Instead, the practice is guided by case law and the discretion of individual courts.
In some counties, intended parents may obtain pre-birth parentage orders, which establish their legal rights before the child’s birth. The ability to secure a pre-birth order and the requirements for doing so can differ from one jurisdiction to another, making it essential for intended parents to work with legal professionals who are well-versed in Pennsylvania’s surrogacy landscape.
In cases where pre-birth orders are not obtainable or not sought, intended parents often pursue post-birth legal processes to establish parentage. This typically involves going to court after the child’s birth to obtain a parentage order or, in some cases, completing an adoption process, such as a second-parent or stepparent adoption, especially for non-biological intended parents.
It’s recommended to work with an attorney specializing in reproductive law to navigate these processes.
