Pennsylvania currently has no laws or upper level court decisions that directly address surrogate parenting or the enforceability of a surrogate parenting agreement.
As a matter of fact, a growing number of people, including gays and lesbians, have successfully brought children into their families through surrogacy in Pennsylvania.
Pennsylvania courts have upheld the rights of gays and lesbians to use gestational surrogacy in particular. In one case, a pre-birth order was issued to a lesbian couple, where one partner served as the egg donor and the other served as the gestational carrier. Both women were listed as the legal parents on their child’s birth certificate.
In a 2004 decision, a Pennsylvania court ruled that a single gay man was the sole legal parent of twins, who were conceived in vitro using his sperm and an egg from a third-party donor. The embryos were then implanted in a gestational carrier.
In most instances – and in many counties – Pennsylvania is a very good place in which to do gestational surrogacy.
Source: The American Surrogacy Center