When former Brandywine High School chemistry teacher Brandon Keith Mitchell and his husband, Logan Riley—a second-grade teacher from Maryland—decided they wanted to have a child, they turned to the internet, launching a GoFundMe page to raise money for surrogacy.
When Mitchell and Riley brought the baby home, they once again took to social media, posting a photo with their new child.
But the internet later revealed a shocking detail in their story: Mitchell is a convicted Tier I sex offender. In 2016, he pleaded guilty after sending 12,000 explicit messages to a 16-year-old male student.
According to the Chester County District Attorney’s Office and the Downingtown Borough Police Department, Mitchell was charged with unlawful contact with a minor, child pornography, endangering the welfare of children, and corruption of minors. The criminal complaint included messages to the teenage boy such as, “You can give me a bj after you graduate,” and “Do you have naked pictures of yourself on your phone?”
Mitchell and his husband now have sole custody of an infant boy.
Under Pennsylvania law, registered sex offenders are prohibited from adopting or fostering children. However, the law does not address surrogacy—a legal gap that some lawmakers say must be closed.
The couple currently resides in York County, where District Attorney Tim Barker has expressed concern for the child’s safety.
“I deeply appreciate the concern and outrage expressed by many regarding the legal loophole that allows a registered sex offender to become a parent through surrogacy without the same scrutiny, accountability, and judicial oversight required in the adoption process,” Barker said. “This is an issue ripe for review and remedy by our Pennsylvania legislature.”
Some legislators agree and are ready to take action.
State Rep. Aaron Bernstine (R-Butler) said a “viral post” about Mitchell prompted him to act. He plans to introduce legislation to “address a troubling gap in Pennsylvania’s child protection laws that allows registered sex offenders to become parents through surrogacy.”
“While Pennsylvania law rightfully prohibits registered sex offenders from adopting or fostering a child, surrogacy arrangements are not covered by these prohibitions,” Bernstine said. “Current law permits intended parents to obtain a pre-birth parentage order that designates them as the child’s legal parents at the moment of birth. This process bypasses the background checks, home studies, and judicial oversight that would otherwise be required in an adoption or foster care placement.”
“This loophole was recently brought to light in a deeply disturbing case in which a Tier I sexual offender—who was previously convicted of sexually abusing a minor—was successful in lawfully obtaining full legal parentage of a child through surrogacy. Because the surrogacy process did not trigger the adoption-related protections in current law, the individual’s alarming criminal history did not prevent him from securing a court order designating him as a legal parent.”
“This is about protecting kids—period,” Bernstine said. “The safeguards in place for adopting children should also protect those children born through surrogacy.”
Mitchell’s attorney, Peter E. Kratsa, defended his client’s right to become a parent through surrogacy.
“Brandon’s matter in Chester County involved allegations in 2013 of inappropriate electronic communications with a minor aged 16 to 18 years old. There was no allegation of physical contact,” Kratsa said.
“Brandon immediately accepted responsibility for his conduct, served his sentence without incident, and engaged in extensive counseling,” he added. “Brandon did nothing illegal or unethical in becoming a surrogate parent. He was completely transparent. Perhaps the attention of those decrying his parenthood would be more appropriately directed toward those who are not held accountable for child abuse, are not punished, and make no efforts at rehabilitation.”
Bernstine said his proposed bill would “close this dangerous loophole by prohibiting sex offenders from obtaining legal parentage through a surrogacy agreement and requiring background checks and child abuse clearances for all intended parents prior to the issuance of a pre-birth parentage order.”
“No child should be placed in the custody of an individual with a known history of child sexual abuse,” Bernstine said. “This isn’t about politics. It’s about basic human decency and common sense. No known predator should ever be given the legal right to raise a child in Pennsylvania.”