What are the Requirements to Act as a Gestational Surrogate in Pennsylvania?
If you are considering acting as a gestational surrogate in Pennsylvania, Florida, or another state or are a Pennsylvania Intended Parent or Intended Parent seeking a gestational surrogacy contract in Pennsylvania, Florida, or another state, you should know what are the generally accepted medical and other qualifications and/or disqualifications for a Florida or Pennsylvania surrogate mother.
Ev&LeoBabySteps.png A Florida or Pennsylvania woman who is considering acting as a gestational surrogate should have (or lack as the case may be) the following characteristics:
1. The gestational surrogate (sometimes referred to as a carrier) should be between 21 and 45 years of age;
2. The gestational carrier should have at least one full-term and uncomplicated pregnancy;
3. The surrogate should have no more than five previous births;
4. The gestational surrogate should have no more than three previous cesarean section births;
5. The gestational carrier should not have a history of post-partum depression;
6. The surrogate should be raising her children in her home and not have had any allegations of child abuse or child protective services oversight of her parental relationship with her children;
7. The surrogate mother should have a stable family environment and an adequate emotional support system to help her through the surrogacy process;
8. The surrogate carrier should have a healthy Body Mass Index of 30 or less and have healthy eating habits;
9. The gestational surrogate should not smoke, use illicit drugs or consume alcohol on a regular basis;
10. The surrogate mother should not be receiving public assistance benefits as the payment arrangements under a surrogacy contract may disqualify the surrogate from continued benefits including cash assistance or housing benefits;
11. Ideally, the carrier should have private medical insurance coverage which does not exclude medical costs associated with surrogacy. If a medical exclusion in a private health insurance policy exists, a surrogacy insurance contract may be available or the Intended Parents must privately pay all costs associated with the IVF or other process, prenatal, and delivery costs. Public assistance benefits will generally not provide coverage under surrogacy arrangements;
12. The gestational carrier should have adequate transportation to and from medical screenings and appointments and any mental health evaluations or joint counseling sessions;
13. The surrogate should be free from any anti-depressants or anti-anxiety medications for at least 12 months prior to the start of the surrogacy process;
14. The gestational surrogate should not have a criminal history of any misdemeanor or felony charges or convictions;
15. The carrier should have at least 12 months lapse since any piercings or tattoos;
16. The gestational carrier should not have any sexually transmitted diseases;
17. The gestational surrogate should not have unresolved or untreated major depression, bipolar disorder, psychosis, significant anxiety disorder, or personality disorder; and
18. The surrogate should not have unresolved or untreated addiction, child abuse, sexual or physical abuse, depression, or eating disorders.
What will disqualify a woman from acting as a Gestational Surrogate in Pennsylvania?
More specifically, a gestational surrogate in Pennsylvania should not have physical evidence of or the risk of any of the following medical conditions or symptoms:
1. Sexually transmitted disease such as genital ulcerative lesions, herpes simplex, chancroid or urethral discharge;
3. Nonmedical percutaneous drug use such as needle tracks;
4. Non-sterile tattooing, ear or body piercing within the last 12 months;
5. Disseminated lymphadenopathy;
6. Unexplained oral thrush;
7. Blue or purple spots consistent with Kaposi sarcoma;
8. Unexplained jaundice, hepatomegaly, or icterus;
9. Recent smallpox immunization; nor
10. Eczema vaccination, generalized vesicular rash, severe necrotic lesion consistent with vaccinia necro sum, or corneal scarring consistent with vaccinial keratitis.
Standard protocols when considering the use of a gestational carrier in Pennsylvania include medical screening and testing of a potential surrogate as well as social, behavioral, and psychological screening and testing.
Contact our Pennsylvania Surrogacy Lawyers
Attorney Lisa Marie Vari has been assisting Intended Parents and Gestational Surrogate Mothers with the legal aspects of surrogacy in Pennsylvania since 1989. Whether your family is created through In vitro fertilization or IVF, Intrauterine Insemination or IUI, Intratubal Insemination or II using the Intended Father’s sperm or donor sperm and whether the Intended Mother’s eggs or donated eggs are used in the ART process, our Pennsylvania surrogate attorneys can assist you with the legal process of surrogacy in Pennsylvania.
The legal process for recognizing the Intended Parent or Parents’ rights in Pennsylvania differ based upon if both parents are genetically related to the child, if one Intended Parent is genetically related to the child, or if neither Intended Parent is related to the child. Our Pennsylvania surrogacy lawyers have assisted both Intended Parents, Gestational Surrogates and Traditional Surrogates in the negotiation and drafting of Surrogacy Contracts, Egg and Sperm Donation Agreements, Pre-Birth Orders as well as Step-Parent or Second Parent Adoptions associated with the Artificial Reproduction Technology process. Contact the Pennsylvania Surrogacy Law Firm of Lisa Marie Vari & Associates, P.C. for a consultation or representation in your surrogacy matter.