(The Center Square) – A viral video of a York County couple celebrating their son’s first birthday has led to scrutiny of the state’s surrogacy laws after viewers ascertained that one of the two Pennsylvania fathers is a registered sex offender with a prior criminal conviction.
In response, Rep. Aaron Bernstine, R-Ellwood City, has announced that he’ll be introducing a bill to “close the surrogacy loophole for sex offenders.”
There is no law in Pennsylvania that precludes sex offenders from engaging a surrogate in order to have children. There are laws preventing them from adopting or fostering children.
“This is about protecting kids – period,” said Bernstine. “The safeguards in place for adopting children should also protect those children born through surrogacy.”
In terms of biological children, if and how sex offenders are allowed to maintain custody or visitation rights of their children is largely determined by the courts on a case by case basis.
In addition to prohibiting sex offenders from receiving parental rights through surrogacy, the bill would make background checks and child abuse clearances mandatory for all parents before an order can be issued.
“This isn’t about politics,” said Bernstine. “It’s about basic human decency and common sense. No known predator should ever be given the legal right to raise a child in Pennsylvania.”
As for the couple whose video went viral, the offender in question was a Tier 1 sex offender registered with the state for sexual abuse of a minor and possession of child pornography. His legal representatives maintain that he has been compliant with the law and transparent both in serving his sentence and the surrogacy process.
It isn’t the first time rules around surrogacy have been questioned this legislative session. In June, a bill with bipartisan support met friction in the House of Representatives from members who believed it would encourage practices like “selling” children by allowing surrogates to receive money for their role.
Known as the Uniform Parentage Act adopted by several states, the bill would provide clear-cut guidance on what legally establishes a parent-child relationship within the commonwealth without changing the legality of any currently accepted methods nor changing custody laws. The legislation would address some of the thornier legal concerns raised in a new era of fertility care, family makeup, and parenthood.
