AFA of PA ACTION ALERT
July 31, 2025
Issue
Close the Loophole!
Details
Did you know in PA that currently registered s*x offenders can hire a surrogate’s womb to carry a fertilized egg through the child’s gestation period and at the moment of birth that registered s*x offender will automatically legally be the “parent” of that child? Well, that is the loophole that was recently discovered in PA’s law. Read the story out of York County here
No matter what your view on surrogacy, allowing a registered s*x offender to have access to a child is wrong! In response to this loophole State Rep Aaron Bernstine (R-8) is circulating a co-sponsorship memo to address this oversight in the current law. He notes in the memo, “While Pennsylvania law rightfully prohibits registered s*x offenders from adopting or fostering a child, surrogacy arrangements are not covered by these prohibitions. Current law permits intended parents to obtain a pre-birth parentage order that designates them as the child’s legal parents at the moment of birth. This process bypasses the background checks, home studies, and judicial oversight that would otherwise be required in an adoption or foster care placement. “
The goal of the bill is “prohibiting sex offenders from obtaining legal parentage through a surrogacy agreement and requiring background checks and child abuse clearances for all intended parents prior to the issuance of a pre-birth parentage order.”
Action Steps:
Click here to ask your State Rep to contact Representative Bernstine’s office and sign on as a co-sponsor of this important bill.