Berks Cnty. C.P. Orphans Rules Rule 5.16A

(a) Form of Petitions, Contents. A petition to establish the parentage of a child to be born by

gestational carrier shall set forth:

(1) the name and address of each petitioner;

(2) the source of the oocyte/ova and sperm used for in vitro fertilization;

(3) the name and address of the physician(s) performing or supervising the oocyte/ova

retrieval, sperm collection, in vitro fertilization, and transfer of viable embryo(s) into the

uterus of the gestational carrier;

(4) the number of embryos transferred, and the number of children expected to be born;

(5) the expected date and location of birth;

(6) the method by which it can be established that the pregnancy is the result of only the

embryo transfer and not the result of fertilization of the carrier’s own ova;

(7) that the petitioners intending to be named as the legal parents of the child(ren) expected to

be born by the gestational carrier, the carrier, and, if married, the carrier’s spouse have

expressed their intentions that the intended legal parents shall have exclusive custody and all

parental rights and duties with respect to the child(ren) and that they join in and consent to the

petition; and

(8) that the Department of Health does not object to the relief requested.

(b) Exhibits. There shall be attached to the petition the following exhibits:

(1) an affidavit by the physician attesting to his or her being licensed to practice medicine

and the facts relating to the oocyte/ova retrieval, sperm collection, in vitro fertilization,

transfer of viable embryo(s) into the uterus of the gestational carrier, the number of children

expected to be born, and that the children expected to be born are not the genetic children of

the gestational carrier;

(2) acknowledgments from the gestational carrier and, if married, her spouse, stating that the

carrier and her spouse are not the biological parents of the child(ren), stating awareness that

signing the acknowledgment will grant all the rights and duties of parenthood to the

petitioners intending to be named as the legal parents and that the carrier and her spouse will

have no such rights or duties, and authorizing the submission of the appropriate forms to the

Division of Vital Records identifying the petitioners intending to be named as the legal

parents as the parents. Each acknowledgment shall also state that the carrier and her spouse

have the right to refuse to sign the acknowledgment and that such refusal would result in

being named as the parent of the child(ren); and

(3) a stipulation by the petitioners and counsel for the Department of Health that the

proposed decree is acceptable to them.

(c) Decree. A proposed decree shall be attached to the petition that shall deem the intended

parents as the legal parents of the child(ren) and order that certified copies of the birth records of

the child(ren) shall reflect the intended parentage. The proposed decree shall also direct that all

court records be permanently maintained and withheld from inspection except as provided by 23

Pa.C.S.A. § 2915 (relating to records and access to information).

CHAPTER VII. RULES RELATING TO PRE-HEARING AND HEARING PROCEDURE