Pennsylvania Targets Surrogacy Loophole to Bar Sex Offenders
I’m Zoe Bennett, Journalistic Expert. Objective reporting, insightful analysis – let’s begin.
Pennsylvania faces a new push to close a legal gap that allowed convicted child sex offender Brandon Keith Mitchell to become a parent via surrogacy. State lawmakers from both sides of the aisle are drafting legislation to explicitly bar registered sex offenders from securing children through surrogate arrangements. The issue surfaced after Mitchell, convicted in 2016 of child sex abuse and possession of child pornography, shared his surrogacy journey on social media alongside his husband, sparking public outcry (TMZ).
Current Pennsylvania statutes prohibit convicted offenders from adopting or fostering minors, yet fail to address surrogacy. That omission enabled Mitchell to contract with a surrogate mother and bring his one-year-old son home without legal challenge. Republican State Representative Aaron Bernstine, who plans to introduce the amendment in September, says the measure enjoys bipartisan momentum and will “protect kids from dangerous individuals” (TMZ).
Democratic State Representative Ryan Bizzarro underscores the urgency: “We must close the loophole that allows dangerous and predatory individuals to have access to children.” He points to growing concerns among child welfare advocates and legal experts about other potential offenders exploiting the surrogacy gap. Data from the Pennsylvania Department of Human Services shows adoption and foster care checks run into the tens of thousands annually, but surrogacy background screenings remain unregulated.
State Senator Camera Bartolotta, a Republican, affirms that tightening surrogacy rules is not a matter of sexual orientation but of safeguarding minors. She describes the current landscape as “incomplete” and promises stricter regulations on both adoption and surrogacy when lawmakers reconvene. Bartolotta notes that while lawmakers expect the new provisions to pass swiftly, they do not anticipate retroactive enforcement against Mitchell’s existing arrangement (TMZ).
Legal analysts warn the pending legislation could set a nationwide precedent. Many states restrict adoption and foster care for registered offenders but have not explicitly covered surrogacy. Pennsylvania’s move may prompt similar action elsewhere, especially as the commercial surrogacy market expands and regulates fewer background checks than child welfare agencies.
Victims’ rights groups applaud the proposal as a balanced approach that preserves legitimate family-building options while closing a critical safety gap. They argue that robust screening standards – including federal registry checks, local law enforcement queries, and mandatory court oversight – should apply uniformly to all pathways of parenthood.
Opponents caution lawmakers to draft precise language. They fear overbroad terms could inadvertently penalize previously cleared individuals or raise constitutional questions about parental rights. Legislative staff indicates drafting is underway to refine definitions of “sex offender” and “surrogacy contract” to withstand judicial review.
As Pennsylvania legislators prepare to vote in the fall, stakeholders from surrogate agencies, legal circles, and child advocacy organizations will testify at committee hearings. The proposed law’s language and potential carve-outs for existing arrangements will be closely scrutinized.
Stay informed, stay critical, and follow the facts.
Sources: Celebrity Storm and TMZ
Attribution: Creative Commons Licensed
