After Viral Case, New Bill Targets Surrogacy Rights for Sex Offenders

A Pennsylvania lawmaker has introduced legislation aimed at closing a legal loophole that currently allows registered sex offenders to gain parental rights through surrogacy arrangements.

Rep. Aaron Bernstine announced the bill Wednesday, following a viral news report that revealed a Tier 1 sex offender in Pennsylvania was able to become a legal parent via surrogacy—bypassing adoption laws that would have disqualified him from doing so.

“This is about protecting kids—period,” Bernstine said. “The safeguards in place for adopting children should also protect those children born through surrogacy.”

The proposed legislation would:

• Prohibit registered sex offenders from gaining parental rights through surrogacy agreements.
• Require background checks and child abuse clearances for all intended parents before a pre-birth parentage order is issued.

Currently, individuals pursuing parenthood through surrogacy are not held to the same standards as adoptive parents when it comes to criminal background and abuse history. Bernstine’s bill seeks to align the two processes in the interest of child safety.

“This isn’t about politics. It’s about basic human decency and common sense,” Bernstine said. “No known predator should ever be given the legal right to raise a child in Pennsylvania.”

The bill is expected to draw bipartisan support as it moves through the legislature. If passed, it would make Pennsylvania one of the few states to implement such restrictions for intended parents in surrogacy cases.