Pennsylvania SB 968: An Act amending Titles 42 (Judiciary and Judicial Procedure) and 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in judicial boards and commissions, further providing for definitions and for publication of guidelines for sentencing, resentencing and parole, risk assessment instrument and recommitment ranges following revocation; in depositions and witnesses, further providing for confidential communications involving law enforcement officers and for confidential communications to peer support members; in juvenile matters, further providing for inspection of court files and records; in particular rights and immunities, further providing for immunity of State parole officers and for immunity of program administrators and supervisors; in post-trial matters, further providing for postconviction DNA testing; in sentencing, further providing for mandatory period of probation for certain sexual offenders, for disposition of persons found guilty but mentally ill, for information required upon commitment and subsequent disposition, for judicial power to release inmates, for transfer of inmates in need of medical treatment, for applicability, for registry, for initial registration, for duty to inform, for enforcement, for assessments, for verification by sexual offenders and Pennsylvania State Police, for administration, for global positioning system technology, for immunity for good faith conduct, for Pennsylvania State Police, for duties of probation and parole officials, for board, for annual performance audit, for applicability, for registration, for registration procedures and applicability, for assessments, for administration, for global positioning system technology, for immunity for good faith conduct, for duties of Pennsylvania State Police, for duties of Pennsylvania Board of Probation and Parole, for board and for annual performance audit; in other criminal provisions, further providing for supervisory relationship to offenders; in preliminary provisions, further providing for definitions; in general administration, providing for powers of peace officers; in community corrections centers and community corrections facilities, further providing for definitions, for department, for offenders who may be housed, for authority of Commonwealth employees, for authority of chairman and for escape and providing for certain offenders residing in group-based homes and for reporting; in Pennsylvania Board of Probation and Parole, further providing for definitions, for operation of parole system generally, for Pennsylvania Parole Board, for board chairperson, for board action, for meetings and for offices, repealing provisions relating to district directors, to district office employees, to disciplinary action and to certain offenders residing in group-based homes, further providing for general powers of board and for specific powers of board involving parolees, repealing provisions relating to probation services, further providing for sentencing court to transmit records to board, for general criteria for parole by court, for right of access to inmates, for parole power, for violation of terms of parole, for parole procedure, for victim statements, testimony and participation in hearing, for general rules and special regulations and for early parole of inmates subject to Federal removal order and repealing provisions relating to definitions, to status as peace officers and to supervisory relationship to offenders; providing for supervision of offenders and for agents; in county probation officers' firearm education and training, further providing for definitions; in Interstate Compacts, further providing for Interstate Compact for the Supervision of Adult Offenders application fee, for deputization and for supervision of persons paroled by other states;  providing for Board of Pardons; conferring powers and imposing duties on the Department of Corrections; providing for the transfer of functions, powers and duties of the Pennsylvania Board of Probation and Parole and for appropriations for the Office of Victim Advocate; making related repeals; and making editorial changes.

Bill Text

PRINTER'S NO. 1108
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 968
Session of
2025
INTRODUCED BY MASTRIANO, STEFANO AND ARGALL, AUGUST 15, 2025
REFERRED TO JUDICIARY, AUGUST 15, 2025
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, providing for gestational carrier
agreements; in child protective services, further providing
for employees having contact with children and adoptive and
foster parents; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 23 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 59
GESTATIONAL CARRIER AGREEMENTS
Sec.
5901. Scope of chapter.
5902. Definitions.
5903. Background check requirements.
5904. Court review and authority.
5905. Enforcement and penalties.
§ 5901. Scope of chapter.
This chapter relates to gestational carrier agreements.
§ 5902. Definitions.
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The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Gestational carrier." An adult woman who agrees to carry a
pregnancy for intended parents under a gestational carrier
agreement.
"Gestational carrier agreement." A written contract between
a gestational carrier and intended parent outlining the rights,
responsibilities and expectations of the parties regarding
assisted reproduction.
"Intended parent." An individual who enters into a
gestational carrier agreement with the intent to be legally
recognized as a parent of the resulting child.
§ 5903. Background check requirements.
(a) Mandatory checks.--An intended parent, a gestational
carrier and all adult household members residing in the homes of
the intended parent and gestational carrier shall obtain the
following certifications no more than one year prior to entering
into a gestational carrier agreement:
(1) A Pennsylvania State Police criminal history
background check.
(2) A Federal Bureau of Investigation fingerprint-based
background check.
(3) A Pennsylvania Child Abuse History Clearance.
(4) A Pennsylvania and national sex offender registry
check.
(b) Submission and review.--Certifications shall be
submitted to the court prior to the issuance of a prebirth or
postbirth parentage order.
(c) Interstate protections.--
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(1) If a gestational carrier or an adult household
member resides outside of this Commonwealth, the individual
shall, in addition to the requirements of subsections (a) and
(b), submit:
(i) A criminal history background check from the
individual's state of residence.
(ii) A child abuse history clearance from the
individual's state of residence, if available.
(iii) A state sex offender registry check from the
individual's state of residence.
(2) Background checks and clearances submitted from
outside of this Commonwealth shall meet or exceed the
requirements of the laws of this Commonwealth as specified in
subsections (a) and (b). If the background checks or
clearances from the individual's state of residence do not
meet or exceed the requirements of this Commonwealth, the
individual shall obtain additional certifications as
necessary to satisfy the requirements of this Commonwealth.
(3) A parentage order issued in this Commonwealth may
not be granted until all clearances have been verified by the
court.
(4) Recognition of valid out-of-State parentage
judgments shall be consistent with Article IV, section 1 of
the Constitution of the United States, except where
recognition would pose a clear and compelling threat to the
immediate safety and welfare of the child.
(d) International protections.--
(1) If a gestational carrier or adult household member
resides outside of the United States, the following shall be
submitted, in addition to subsections (a) and (b):
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(i) Available police clearance from the foreign
jurisdiction of residence.
(ii) Available foreign child protection clearance or
equivalent documentation.
(iii) Certification of lawful entry of the child
into the United States, including a United States
passport, Consular Report of Birth Abroad or other
Federal documentation establishing lawful status.
(2) Background checks and clearances submitted from
outside of the United States shall meet or exceed the
requirements of the laws of this Commonwealth as specified in
subsections (a) and (b). If the background checks or
clearances from the foreign jurisdiction do not meet or
exceed the requirements of this Commonwealth, the individual
shall obtain additional certifications as necessary to
satisfy the requirements of this Commonwealth.
(3) A prebirth or postbirth parentage order may not be
issued until all clearances have been verified