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Posted on December 18, 2025

By Dr. Kulsoom Baloch

surrogacy in Pennsylvania

Surrogacy continues to grow across the United States, and surrogacy in Pennsylvania stands out because of its clear legal pathway for intended parents. One of the biggest concerns for parents and surrogates is how legal rights are established. This is where Pre-Birth Surrogacy and Post-Birth Surrogacy orders play a major role.

If you plan to work with a Surrogacy agency in Pennsylvania, understanding these legal protections will help you navigate the journey with confidence. These orders ensure that the intended parents are legally recognized and that the surrogate has no parental obligations after birth.

Why Legal Orders Matter In Pennsylvania Surrogacy

Pennsylvania is known as a surrogacy-friendly state. While there is no specific statute that regulates surrogacy, the courts consistently support Gestational Surrogacy arrangements. This gives both intended parents and surrogates strong legal protection.

Families rely on these orders to secure their parental rights from the moment the baby is born. Whether you are an intended parent or want to become a surrogate mother, understanding these steps is essential to ensuring a smooth and secure surrogacy process.

What Is A Pre-Birth Order In Pennsylvania?

A Pre-Birth Order (PBO) is a legal document issued during pregnancy. It states that the intended parents will be recognized as the baby’s legal parents at birth.

Key Features Of A Pre-Birth Order

  • Filed during the second or early third trimester
  • Usually completed before the 24 week fetus viability stage
  • Names the intended parents on the birth certificate
  • Protects the surrogate from any parental responsibility

This order is especially helpful in Pennsylvania Surrogacy because it ensures the hospital knows exactly who the legal parents are. The intended parents can take the baby home immediately without delays or extra legal steps.

What Is A Post-Birth Order?

A Post-Birth Order (PBO-Post) is issued after the child is born. It is usually needed when the intended parents do not meet certain PBO requirements, such as residency or specific documentation.

Reasons A Post-Birth Order Might Be Required

  • The intended parents live outside Pennsylvania
  • Complex IVF or donor arrangements
  • Missing paperwork for an early filing

Even though it occurs after birth, the rights of the intended parents remain fully protected. The process is straightforward and completed quickly with the support of an experienced attorney.

How These Orders Support The Surrogacy Process

Whether you choose Pre-Birth or Post-Birth filings, both options give clarity and security to everyone involved. They provide:

  • Legal peace of mind
  • Smooth hospital procedures
  • Clear parental rights
  • Emotional comfort for the surrogate
  • Protection for non-traditional families

The process is manageable, especially when guided by a trusted Surrogacy agency in Pennsylvania. Agencies work with attorneys to prepare the right documents and ensure compliance with all legal steps.

How Parental Rights Work In Gestational Surrogacy

In Gestational Surrogacy, the surrogate has no genetic connection to the baby. The embryo is created using intended parents’ or donors’ eggs and sperm through IVF. Because of this, courts strongly support granting parental rights to the intended parents.

These rights are legally confirmed before or shortly after birth through the appropriate court order. Once issued, the birth certificate lists only the intended parents.

Do These Orders Affect Surrogacy Costs?

Legal fees are included in most agency packages, but mentioning specific surrogacy price ranges is not always necessary. Costs depend on the attorney, state, and complexity of the arrangement. Intended parents may also cover lawyers for both sides to ensure fairness and transparency.

Why Work With A Professional Agency?

A professional team ensures all legal steps are completed correctly. They coordinate between doctors, attorneys, hospitals, and intended parents. This experience creates a safe and predictable journey.

If you’re planning your surrogacy path or need legal clarity, Surrogacy4All offers trusted support for parents and surrogates. For guidance or next steps, contact Surrogacy4All at (212) 661-7673.

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FAQs

Q. What is a Pre-Birth Order in Pennsylvania?

Ans : It is a legal document issued before birth that declares intended parents as the baby’s legal parents. It prevents delays at the hospital.

Q. When is a Post-Birth Order used?

Ans : A Post-Birth Order is used when Pre-Birth filing requirements are not met. It secures parental rights shortly after the baby is born.

Q. Does the surrogate have parental rights after birth?

Ans : No, In Gestational Surrogacy, the surrogate has no parental claim. Legal orders ensure intended parents receive full rights before or after delivery.

Q. Do intended parents need Pennsylvania residency?

Ans : Residency is not always required for Pre-Birth Orders. Some cases require Post-Birth filings. An experienced attorney helps determine the correct legal approach.

Q. How do Pre-Birth and Post-Birth Orders protect surrogates?

Ans : They remove all parental obligations from the surrogate. This ensures she can focus on a healthy pregnancy without legal concerns after delivery.

Dr. Kulsoom Baloch
MBBS, MPH â€“ kulsoom@indianeggdonors.com

Dr. Kulsoom Baloch is a dedicated donor coordinator at Egg Donors, leveraging her extensive background in medicine and public health. She holds an MBBS from Ziauddin University, Pakistan, and an MPH from Hofstra University, New York. With three years of clinical experience at prominent hospitals in Karachi, Pakistan, Dr. Baloch has honed her skills in patient care and medical research.

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