An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, providing for gestational carrier agreements; in child protective services, further providing for employees having contact with children and adoptive and foster parents; and imposing penalties.

PRINTER'S NO. 1108
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 968
Session of
2025
INTRODUCED BY MASTRIANO, STEFANO AND ARGALL, AUGUST 15, 2025
REFERRED TO JUDICIARY, AUGUST 15, 2025
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, providing for gestational carrier
agreements; in child protective services, further providing
for employees having contact with children and adoptive and
foster parents; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 23 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 59
GESTATIONAL CARRIER AGREEMENTS
Sec.
5901. Scope of chapter.
5902. Definitions.
5903. Background check requirements.
5904. Court review and authority.
5905. Enforcement and penalties.
§ 5901. Scope of chapter.
This chapter relates to gestational carrier agreements.
§ 5902. Definitions.
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The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Gestational carrier." An adult woman who agrees to carry a
pregnancy for intended parents under a gestational carrier
agreement.
"Gestational carrier agreement." A written contract between
a gestational carrier and intended parent outlining the rights,
responsibilities and expectations of the parties regarding
assisted reproduction.
"Intended parent." An individual who enters into a
gestational carrier agreement with the intent to be legally
recognized as a parent of the resulting child.
§ 5903. Background check requirements.
(a) Mandatory checks.--An intended parent, a gestational
carrier and all adult household members residing in the homes of
the intended parent and gestational carrier shall obtain the
following certifications no more than one year prior to entering
into a gestational carrier agreement:
(1) A Pennsylvania State Police criminal history
background check.
(2) A Federal Bureau of Investigation fingerprint-based
background check.
(3) A Pennsylvania Child Abuse History Clearance.
(4) A Pennsylvania and national sex offender registry
check.
(b) Submission and review.--Certifications shall be
submitted to the court prior to the issuance of a prebirth or
postbirth parentage order.
(c) Interstate protections.--
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(1) If a gestational carrier or an adult household
member resides outside of this Commonwealth, the individual
shall, in addition to the requirements of subsections (a) and
(b), submit:
(i) A criminal history background check from the
individual's state of residence.
(ii) A child abuse history clearance from the
individual's state of residence, if available.
(iii) A state sex offender registry check from the
individual's state of residence.
(2) Background checks and clearances submitted from
outside of this Commonwealth shall meet or exceed the
requirements of the laws of this Commonwealth as specified in
subsections (a) and (b). If the background checks or
clearances from the individual's state of residence do not
meet or exceed the requirements of this Commonwealth, the
individual shall obtain additional certifications as
necessary to satisfy the requirements of this Commonwealth.
(3) A parentage order issued in this Commonwealth may
not be granted until all clearances have been verified by the
court.
(4) Recognition of valid out-of-State parentage
judgments shall be consistent with Article IV, section 1 of
the Constitution of the United States, except where
recognition would pose a clear and compelling threat to the
immediate safety and welfare of the child.
(d) International protections.--
(1) If a gestational carrier or adult household member
resides outside of the United States, the following shall be
submitted, in addition to subsections (a) and (b):
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(i) Available police clearance from the foreign
jurisdiction of residence.
(ii) Available foreign child protection clearance or
equivalent documentation.
(iii) Certification of lawful entry of the child
into the United States, including a United States
passport, Consular Report of Birth Abroad or other
Federal documentation establishing lawful status.
(2) Background checks and clearances submitted from
outside of the United States shall meet or exceed the
requirements of the laws of this Commonwealth as specified in
subsections (a) and (b). If the background checks or
clearances from the foreign jurisdiction do not meet or
exceed the requirements of this Commonwealth, the individual
shall obtain additional certifications as necessary to
satisfy the requirements of this Commonwealth.
(3) A prebirth or postbirth parentage order may not be
issued until all clearances have been verified by the court.
(4) A prebirth or postbirth parentage order may not be
issued for a child born outside of the United States unless:
(i) The child has entered the United States lawfully
or has an approved visa or citizenship application.
(ii) All background checks and foreign clearances
required under this section are submitted and verified by
the court.
(5) The court may require the intended parents to file a
sworn statement acknowledging any pending Federal immigration
proceedings related to the child's status.
§ 5904. Court review and authority.
(a) Consideration.--The court shall consider the results of
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all background checks in determining whether to grant a
parentage order.
(b) Authority.--The court may, after notice and hearing:
(1) Deny a petition for parentage based on the presence
of disqualifying offenses consistent with section 6344(c)
(relating to employees having contact with children; adoptive
and foster parents).
(2) Impose conditions or require supervision as deemed
appropriate to ensure the welfare of the child.
(3) Refer matters to child protective services for
investigation where appropriate.
(c) Interstate and international enforcement.--
(1) The court may not issue a prebirth or postbirth
parentage order unless:
(i) All background checks required under section
5903 (relating to background check requirements),
including those for out-of-State and international
residents, have been completed and verified.
(ii) The court is satisfied that compliance with
this chapter ensures the child's placement in a safe and
vetted home.
(2) Recognition of valid foreign or out-of-State
parentage judgments may not be denied except where necessary
to prevent a clear and compelling threat to the immediate
safety and welfare of the child.
(d) Temporary safe placement.--
(1) If a child born under a gestational carrier
agreement is present in this Commonwealth and the background
checks required under section 5903 have not yet been fully
verified, the court shall:
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(i) place the child in the temporary care of the
intended parents under supervised placement conditions;
or
(ii) if the intended parents or their household
members have not completed sex offender registry
clearances, require temporary safe placement with:
(A) a licensed foster care provider approved by
the Department of Human Services; or
(B) a preapproved kinship caregiver meeting all
background check requirements under section 6344.
(2) Temporary safe placement shall remain in effect only
until:
(i) The intended parents and all required household
members have passed all background checks under section
5903.
(ii) The court issues a prebirth or postbirth
parentage order.
(3) Temporary safe placement may not exceed 30 days
absent a showing of good cause.
(4) During temporary safe placement, the intended
parents shall be afforded supervised visitation and care
responsibilities as the court deems consistent with the
welfare of the child.
(5) Nothing in this subsection shall delay issuance of a
parentage order once compliance with section 5903 is
confirmed.
(e) Regulations.--The Department of Human Services shall
promulgate regulations necessary to implement temporary safe
placement and supervised visitation under this chapter.
§ 5905. Enforcement and penalties.
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(a) Civil penalty.--An individual who knowingly enters into
a gestational carrier agreement without complying with the
background check requirements of this chapter shall be subject
to a civil penalty not to exceed $10,000.
(b) Criminal penalty.--Knowingly submitting false or
fraudulent documentation in connection with the required
certifications under this chapter constitutes a misdemeanor of
the third degree under 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities).
(c) Administrative enforcement.--The Department of Human
Services shall develop procedures for verifying compliance and
may conduct random audits of gestational carrier agreements
filed in this Commonwealth.
(d) Judicial enforcement.--A court may, after notice and
hearing:
(1) void a gestational carrier agreement; or
(2) withhold parentage recognition if background check
compliance is not demonstrated.
(e) Prosecutorial authority.--The Attorney General or county
district attorney may prosecute violations of this section.
Section 2. Section 6344(a) of Title 23 is amended by adding
a paragraph and the section is amended by adding a subsection to
read:
§ 6344. Employees having contact with children; adoptive and
foster parents.
(a) Applicability.--Beginning December 31, 2014, this
section applies to the following individuals:
* * *
(9) An intended parent or gestational carrier and all
adult household members of an intended parent or gestational
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carrier, in connection with a gestational carrier agreement
involving the placement of a child, whether the birth occurs
in this Commonwealth, in another state or territory or
outside of the United States.
* * *
(q) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Gestational carrier." As defined in section 5902 (relating
to definitions).
"Gestational carrier agreement." As defined in section 5902.
"Intended parent." As defined in section 5902.
Section 3. This act shall take effect in 180 days.
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