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Surrogacy Laws in Pennsylvania

Pennsylvania has surrogacy law that is ambiguous. It seems that a compensated surrogacy contract would be seen as not enforceable; however, an agreement set up through a legally acknowledged agency would seem to be legal. Informal arrangements’ validity is not as certain.

 

Explanation: There was a case in 1997 where there wasn’t a surrogacy agreement, but instead it had to do with a paternity dispute between the existing husband and his wife’s extramarital mistress, and how parental support duties were to be allocated. The Superior Court in Pennsylvania said that the husband tried to cut an arrangement with the other guy to get property for ongoing support of the kid. The Court condemned the action as demeaning and odious to the child care responsibility and nature. The Court brought up a New Jersey case which confirmed that surrogacy agreements which were compensated were not valid under the existing laws of the state. The Court decided that they do no tolerate buying children for adoption and bargaining over parenting duties and rights. They said that exchange for financial remuneration was reprehensible. Any agreement reached that way would have not been enforceable.

There was another case in 1997 where a fertility clinic had a negligence act brought against them. What was implied in the decision was that surrogacy arrangements that were executed through this specific agency were allowed under Pennsylvania state law.

There was a case in 2006 where there was a gestational surrogacy contract where the surrogate mother was not the egg’s biological contributor between a gay man and a woman. The Superior Court in Pennsylvania turned over the lower court’s ruling that gave the surrogate custody. The Court discovered that the surrogate mother didn’t have any standing to get the triplets’ custody. Although, the Court clearly refrained from ruling on the surrogacy agreements’ validity by saying that the task was for the legislature to decide.

 

 

 
 
 
 
 
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