Surrogacy Contract Upheld

In an appellate case of first impression, the Superior Court has upheld the validity of a surrogacy contract, finding that the contract did not violate public policy and that, under the contract, the woman who was the “intended parent” under the contract was a parent of the child even though she was neither the gestational mother nor the biological mother (the egg coming from an egg donor).  In re: Baby S, 2015 PA Super 244, No. 1259 EDA 2015 (11/23/2015), aff’g 5 Fid. Rep. 3d 221 (O.C. Montg. 2015) (Opinion by Ott, J.).  Both the Orphans’ Court and the Superior Court placed significant reliance on the 20-year existence of policies and procedures of the Pa. Department of Health for birth registrations for babies born through assisted conception, the Superior Court concluding that:

“The legislature has taken no action against surrogacy agreements despite the increase in common use along with a DOH policy to ensure the intended parents acquire the status of legal parents in gestational carrier arrangements. Absent an established public policy to void the gestational carrier contract at issue, the contract remains binding and enforceable against Appellant.”
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