In 2003, the Pennsylvania Department of Health issued a set of procedures known as the “Assisted Conception Birth Registration”. It is a set of procedures for the issuing of birth certificates for children conceived through assisted reproduction that lists the intended parents as the child’s parents (rather than a surrogate). The procedure is an alternate method to adoption that allows the intended parents to establish legal parentage.

The procedure requires,

A Certificate of Live Birth - To be completed at the time of the child’s birth by either the obstetrician or the midwife, that lists the surrogate’s information.
A Supplemental Report of Assisted Conception - To be completed by the obstetrician/midwife that details the intended parents’ information.
Pre Birth Order

A court order from an Orphans Court judge in the county in which the child is born or where the intended parents reside. To obtain the order a detailed petition must be filed with the court. However, counties in Pennsylvania vary greatly as to whether an order can be obtained before the child is born and whether or not a judge will require a hearing before granting the order.

For those couples who have used a traditional surrogate (wherein the surrogate is genetically related to the child), this procedure is not available. However, adoption by the intended parents is an alternative.

To discuss the assisted conception birth registration process in greater detail or the possibility of adoption as an alternative process, contact our experienced team of family law attorneys.