The Pennsylvania House of Representatives passed House Bill No. 350 (“HB 350”) on June 24, 2024, which intends to update Pennsylvania adoption and parenting laws. Upon passage in the Pennsylvania Senate, HB 350 will enact the Uniform Parentage Act (the “Act”). The Act will provide courts with a clear legal framework to ensure that families’ rights are protected.
KingSpry’s Adoption and ART Practice Chair and Family Law Attorney, Dorota Gasienica-Kozak, Esq., reviews the proposed bill and details how the Uniform Parentage Act will establish basic rules, rights, and legal protections for parenthood.
Overview
HB 350 is sponsored by Representatives Dan L. Miller and Benjamin V. Sanchez. In their memorandum, the Representatives indicate that Pennsylvania’s adoption and parenting laws are out of date and “do not reflect the increasing changes to parenting relationships.” As the use of assisted reproductive technology (“ART”), such as in vitro fertilization and surrogacy, are not specifically addressed in Pennsylvania law, passage of HB 350 will guide family courts when ruling on these important family matters.
If enacted, the Act will update Title 23 of Pennsylvania Consolidated Statutes by adding Part IX-A[LH1] , which governs the parent-child relationship, voluntary acknowledgment of parentage, genetic testing, proceedings to adjudicate parentage, assisted reproduction, surrogacy agreements, and information about donors.
Parent-Child Relationship
Currently, Title 23 only defines parentage for the purpose of establishing paternity. Title 23 states that “a voluntary acknowledgement of paternity, certified as a true copy, is admissible to establish parentage of the child.”
If passed, the Act will expand this definition and provide that parentage or the parent-child relationship is “the legal relationship between a child and a parent of the child.”
Such relationship is established between an individual and a child if:
- the individual gives birth to the child;
- there is presumption under section of the individual’s parentage;
- the individual is adjudicated parent of the child;
- the individual adopts the child;
- the individual acknowledges parentage of the child;
- the individual’s parentage of the child is established through assisted reproduction; or
- the individual’s parentage of the child is established through a surrogacy agreement.
The Act specifically provides that a parent-child relationship extends equally to all children and parents, regardless of marital status, gender, or circumstance of the child(ren)’s birth.
Voluntary Acknowledgment of Parentage
If passed, the Act will add a chapter regarding voluntary acknowledgement of parentage which is not currently governed by Title 23. HB 350 proposes that the individual who gave birth to the child, a presumed parent, an alleged genetic parent, or an intended parent (related to assisted reproduction) may sign an acknowledgement of parentage to establish the parent-child relationship.
The Act also permits a presumed parent or alleged genetic parent to sign a denial of parentage. A denial of parentage is filed with the Department of Human Services, and if valid, discharges an individual from all rights and duties of a parent.
Genetic Testing
As is pertains to support matters, Title 23 provides that “any blood or tissue testing processes used to confirm or exclude parentage” are genetic tests. As such, Title 23 authorizes the ordering of genetic tests for the purpose of establishing paternity.
If passed, the Act will expand the definition of genetic testing for the purpose of adjudicating parentage—not solely paternity (i.e., legal fatherhood). The Act defines genetic testing as “an analysis of genetic markers to identify or exclude a genetic relationship.”
An individual subject to a parentage proceeding may be required to submit to genetic testing if a request for testing is supported by a sworn statement:
- individual is the child’s genetic parent; or
- facts establishing a reasonable possibility that the individual is not a genetic parent.
However, genetic testing cannot be ordered if there is a presumed, acknowledged, or adjudicated parent of a child.
Adjudicating Parentage
The Act permits a proceeding to adjudicate the parentage of a child. Such proceeding may be maintained by the child, the birth giver, the parent, the individual whose parentage is to be adjudicated, a child support agency, an adoption agency, or an authorized representative.
Assisted Reproduction
Title 23 does not address assisted reproduction nor the parent-child relationships that are built through ART. To acknowledge the increasing changes to parental relationships, the Act will add a chapter governing assisted reproduction.
Assisted reproduction is defined as “a method of causing pregnancy other than sexual intercourse,” and includes intrauterine, intracervical or vaginal insemination, the donation of gametes, the donation of embryos, in vitro fertilization and transfer of embryos, and/or intracytoplasmic sperm injection.
The Act provides that an individual who consents to assisted reproduction with another individual, with the intent of being the parent of the child, is the parent.
Surrogacy Agreement
Similarly to assisted reproduction, Title 23 does not address surrogacy agreements nor the parent-child relationships that are established through surrogacy. The Act will add a chapter governing surrogacy and define a surrogacy agreement as “an agreement between one or more intended parents and an individual who is not an intended parent and the individual’s spouse, in which the individual agrees to become pregnant through assisted reproduction and which provides that each intended parent is a parent of a child conceived under the agreement.”
The Act specifically provides that a genetic or gestational surrogate is not an intended parent and recognizes the parent-child relationship of intended parents who build their family through surrogacy.
Donor Information
If enacted, the Act will update Title 23 to address the collection and disclosure of donor information as follows:
The Act provides that an authorized Pennsylvania gamete bank or fertility clinic is permitted to collect a donor’s identifying information and medical history at the time of donation. If the donor agrees, the gamete bank or fertility clinic is permitted to disclose the donor’s identity to a child conceived by assisted reproduction with the donor’s gametes, upon request, when the child attains eighteen (18) years of age.
Identifying information includes the full name, date of birth, telephone number, and email address of a donor. Medical history includes information regarding a donor’s past or present illness(es), as well as genetic and family history pertaining to the health of the donor.
Note: These provisions apply only to gametes collected on or after the effective date of the Act.
Effective Date
HB 350 moves to the Pennsylvania Senate for voting and will take effect in one (1) year, if enacted.
Individuals interested in supporting HB 350 should contact their state and local representatives for more information.
