Pennsylvania

ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes.  The Pre-birth Order should include the child(ren)'s legal name and the Intended Parent's date of birth and place of birth.

All assisted conception births should be registered manually (not electronically) by filling out the birth registration paperwork and mailing it to Vital Records (Registration of Live Birth and Supplemental Report of Assisted Conception).   The hospital should include a regular copy of the Order when mailing the documents to Vital Records.

Please email the certified copy to RA-DHBirthReg@pa.gov or RA-DHDSRSpecialSvc@pa.gov and provide the original certified copy to:

Vital Events Registry Specialist

Department of Health | Bureau of Health Statistics & Registries

555 Walnut Street, 6th Floor

Harrisburg PA 17101

717-547-3639

724-656-3100

Birth Certificates

Timing - Varies by county, but the typical time frame is 5-10 business days.

Title - As of January 2016, same sex couples can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.

social security number

The social security number/card may be applied for at the hospital.

statutes / case law

Gestational Surrogacy is permitted as there is no statute or case law prohibiting it.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes. Ferguson v. McKiernan, 940A.2d1236 (Pa. 2007) which relates to sperm donors.

 
If the statute only refers to sperm donors, is there case law interpreting this statute to provide the same protection in the egg donor context?  No.

Venue

County of the child's birthplace, county of the Intended Parent's residence, or county of the GC’s residence.

Do results vary by venue?  Yes.

Are motions to waive venue accepted?  No

Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.

Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  No.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in California?  Unknown.

Does the couple need to be married?  Unknown.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state?  Yes.

Does the couple need to be married?  No.