State news (Credit: LevittownNow.com file photo.)
A York County man’s online family video has ignited a statewide debate over a legal gap in Pennsylvania’s surrogacy laws.
Brandon Riley-Mitchell, 39, was convicted in 2016 of sexual abuse of children and possession of child pornography while working as a high school chemistry teacher in Chester County. His crimes involved soliciting and receiving explicit images from a 16-year-old student. He served his sentence, completed probation in 2021, and remains a registered sex offender.
Under Pennsylvania law, Riley-Mitchell’s record bars him from adopting a child. However, there is no statute preventing him from becoming a parent through surrogacy — a process regulated primarily through court precedent rather than legislation, according to PennLive.
With a judge-approved pre-birth order, intended parents’ names can be placed directly on a birth certificate, bypassing the adoption process and its background checks.
It is unclear whether Riley-Mitchell and his partner, who live near the Maryland border, obtained such an order. The couple documented their surrogacy journey online before deleting related posts.
The situation drew national attention after a social media influencer reposted a video of the couple’s child, sparking waves of criticism and calls for reform.
Supporters of Riley-Mitchell’s parental rights argue he acted within the law and has worked toward rehabilitation, according to the article. His attorney emphasized that his case did not involve physical contact and that his client has complied fully with registration requirements.
Still, the case has prompted concern from public officials. State Rep. Aaron Bernstine (R-Butler/Lawrence) announced plans to introduce legislation banning sex offenders from using surrogacy to become parents, saying adoption safeguards should also apply to children born this way.
York County District Attorney Tim Barker called the legal gap “disturbing” and urged lawmakers to review the issue.
For now, Pennsylvania law treats surrogacy differently from adoption, and registered sex offenders retain the right to have biological children, whether naturally or through assisted reproduction.
