Harrisburg Surrogacy Attorneys

Surrogacy is a very new concept which allows infertile couples to have children that are biologically related or partly biologically related. Very few lawyers have experience handling the complex legal issues involved in this new area of the law. It is important to have an experienced attorney you can trust to protect your rights during and after the surrogacy process.

Call to Learn More About Your Surrogacy Options: (717) 775-7195

At Scaringi Law, we have successfully helped couples and individuals become parents through this process. Many parents choose to have a surrogate mother help them build their family and their future. Because Pennsylvania does not have surrogacy laws, it is necessary to create a surrogacy agreement setting forth all of the parties' obligations and rights. We have experience helping surrogates and intended parents through this intensely personal process. Contact us to learn more.

Types of Surrogacies

Traditional surrogacy: Traditional surrogacy involves the artificial insemination of the surrogate's own egg with the sperm of the intended father.

Gestational surrogacy: Gestational surrogacy involves the implantation of an embryo created with either the intended mother's egg or an egg donor's egg (ovum) and the father's or donor sperm. After implantation through in vitro fertilization (IVF) the surrogate mother carries the baby to term for the intended parents.

Surrogacy Agreement: In both traditional and gestational surrogacy an agreement is necessary. Our attorneys have significant experience working with fertility clinics to help individuals and couples have children through surrogacy. We draft a surrogacy agreement on behalf of our clients which clearly sets forth the rights and obligations of all the parties as well as other important issues. The surrogacy agreement should address, among other important considerations:

  • Who will pay for the cost of necessary procedures (artificial insemination, egg donation process, in vitro fertilization) and medical treatment for the surrogate and baby?
  • How many times do the parties intend to try the procedure?
  • Who is responsible for purchasing sufficient medical insurance?
  • Who will be awarded child custody?

Pre-Birth Orders, Name Changes, and Birth Certificates

When representing clients in the gestational and traditional surrogacy process, we work to resolve any legal issues before the child is born. After we have drafted and completed the Surrogacy Agreement, we then petition the court for a pre-birth order on behalf of intended parents and surrogates. This petition may be filed in the county where the biological parent lives or where the surrogate lives. If the petition is granted, the intended parents will be listed as the biological parents on the birth certificate which will impact the child's name. If the intended parent is not the biological parent, we may then need to carry out a step-parent or full adoption to ensure the intended parents are recognized as the legal parents.

In some circumstances, the judge may refuse to grant the pre-birth order because this area of the law is so new and is still being developed. In these circumstances, we assist clients in obtaining a step-parent or full adoption, which is necessary to ensure the intended parents are recognized as the legal parents.

Contact the Surrogacy Lawyers of Scaringi Law Today

If you are considering expanding your family through surrogate motherhood, whether by ovum (egg) donation and IVF, or artificial insemination, contact the surrogacy attorneys of Scaringi Law, in Harrisburg, Newport, to schedule a free initial consultation.


When WHTM-TV ABC 27 was covering a story about a surrogate mother who allegedly bilked a Maryland couple out of $4,300 and needed an attorney to discuss the legal issues surrounding surrogates, they reached out to attorney Melanie Walz Scaringi, a partner with Harrisburg-based Scaringi Law

Melanie, who handles surrogacy agreements as part of her family law practice, explained that Pennsylvania is unique in not having special surrogacy laws, meaning the agreement is covered by simple contract law.

"That is actually what makes Pennsylvania favorable to surrogacies,'' Melanie said, adding that it also makes it critical for both sides to be represented by an attorney.

"I've had many surrogacy agreements where there has been absolutely no money transferred in family and friend situations,'' Melanie said. "It is just a matter of wanting to help the family.''

If your family needs help in setting up a surrogate agreement or with any other matters involving family law and estate planning, Melanie Scaringi is ready to help.

  • You would be hard-pressed to find a more caring and empathetic lawyer than Attorney Komada, who represented my case against a surrogate mother who tried to take back custody of my son. In the trial, Attorney Komada was on-point, knew the case backwards and forwards, and made the surrogate mother appear amateurish on the stand. Outside of the courtroom, she showed compassion for my son and for that, I will be naming my future daughter after her. She will be known as Aunt Komada to my son and future daughter! Surrogacy Client
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