Brandon Keith Mitchell, a registered sex offender convicted in 2016 for child sex abuse and possession of child pornography, recently made headlines after publicly sharing his surrogacy journey on social media. Despite being barred from adopting or fostering children, Mitchell was legally able to bring home a baby boy via surrogacy arranged with his husband.
The revelation sparked outrage across Pennsylvania and beyond, with many demanding the state act swiftly to protect children from similar situations in the future.
Bipartisan Push for Legislative Reform
Republican State Representative Aaron Bernstine is spearheading the effort to introduce new legislation that explicitly prohibits convicted sex offenders from obtaining children through surrogacy. Bernstine emphasized the bipartisan nature of the bill and expressed confidence it will pass when the legislature reconvenes in September.
“This legislation is about protecting kids,” Bernstine told TMZ. “Surrogacy is not currently included in existing laws preventing sex offenders from gaining custody, so closing this loophole is urgent.”
Democratic State Representative Ryan Bizzarro echoed these sentiments:
“We must close the loophole that allows dangerous and predatory individuals to have access to children.”

Calls for Stricter Regulations on Adoption and Surrogacy
Republican State Senator Camera Bartolotta, representing District 46, stated that the issue transcends sexual orientation and centers solely on child safety.
“This isn’t about gay or straight; it’s about protecting children, babies, and the vulnerable to avoid another horrific incident,” she said.
Bartolotta added that when lawmakers return to session, they plan to enforce stricter regulations surrounding both adoption and surrogacy to prevent similar cases.
What Happens to Brandon Mitchell’s Custody?
While the loophole appears poised to be closed, insiders familiar with the situation indicate that Mitchell is unlikely to be forced to relinquish custody of his son. This reality fuels ongoing debate and concern over how the law can balance protecting children while addressing existing custody arrangements.
The Bigger Picture: Protecting Vulnerable Children
This case has ignited wider discussion nationwide about the legal frameworks governing surrogacy and parental rights — especially when it comes to ensuring that convicted offenders cannot exploit gaps to gain access to children.
Pennsylvania’s upcoming legislation could serve as a model for other states looking to tighten safeguards and close similar loopholes.

Stay tuned for updates as Pennsylvania lawmakers push to make surrogacy safer for children.
What are your thoughts on this issue? Should convicted sex offenders be barred from surrogacy? Drop your comments below.