Surrogacy Loophole Exposed: Sex Offender Fatherhood Sparks U.S. Regulatory Debate

A viral TikTok video celebrating a crowdfunded surrogacy baby has ignited nationwide outrage after one father, Brandon Keith Riley-Mitchell, was exposed as a convicted child sex offender—revealing dangerous gaps in U.S. surrogacy regulations. The Pennsylvania couple, including husband Logan Steven Riley, leveraged a legal surrogacy loophole allowing Brandon to gain parental rights despite his 2016 felony conviction for possessing child pornography and sexually abusing a minor student while teaching at Downingtown West High School.

The Controversial Surrogacy Journey

Brandon Keith Riley-Mitchell (39) and Logan Steven Riley (34) built a prominent TikTok presence documenting their journey to parenthood, raising $50,000 via GoFundMe in 2020. Their content portrayed an idyllic LGBTQ+ family life, culminating in the birth of their son. However, social media investigators uncovered Brandon’s criminal record in July 2025, triggering widespread condemnation. Court documents confirm Brandon pleaded guilty to soliciting explicit photos from a 16-year-old student in 2016, where investigators found 12,000 inappropriate messages and hundreds of illicit videos on his laptop. Despite a maximum 23-month sentence, he served only two months in prison and was classified as a low-risk Tier 1 sex offender in Pennsylvania.

Legal Gaps in U.S. Surrogacy Regulations

The case highlights critical flaws in America’s surrogacy framework. Unlike adoption, which mandates rigorous background checks through agencies or state courts, gestational surrogacy often bypasses these safeguards. Pennsylvania’s surrogacy laws—like many states—don’t require parental eligibility screenings if the arrangement is privately contracted. Attorney Linda Ferrer (Family Law Institute, 2024 report) notes: “Commercial surrogacy operates in a patchwork of state laws, with 18 states having no statutes regulating parental screenings. Predators can exploit this.” The couple utilized this surrogacy loophole, avoiding scrutiny that would have barred Brandon from adopting.

Public Outcry and Platform Response

Following the exposé, TikTok removed the couple’s accounts under its “minor safety” policies. Brandon’s employer, Eurofins—a biopharmaceutical firm that featured the couple in 2024 Pride campaigns—faced backlash for employing a registered offender in a non-supervised role. Child advocacy groups like PROTECT have demanded immediate legislative reform. This isn’t about orientation; it’s about preventing offenders from accessing children through legal voids,” stated director Emily Saunders (July 2025 press briefing). Lawmakers in Pennsylvania and New York have since proposed bills requiring federal background checks for all surrogacy contracts.

This case forces America to confront uncomfortable truths: current surrogacy protections are dangerously inconsistent, enabling predators to circumvent child safety systems. Lawmakers must close regulatory gaps immediately—no parent should gain custody without thorough vetting. Contact your state representatives to demand universal surrogacy background checks today.

Must Know

Q: How did Brandon Keith Riley-Mitchell qualify for surrogacy despite being a sex offender?
A: Pennsylvania’s surrogacy laws don’t mandate background checks for intended parents in private contracts. Unlike adoption, surrogacy agencies aren’t legally required to screen applicants, creating a significant loophole.

Q: What was Brandon Keith Riley-Mitchell convicted of?
A: In 2016, he pleaded guilty to felony possession of child pornography and corruption of minors involving a 16-year-old student. He served two months in prison and remains on Pennsylvania’s sex offender registry.

Q: Are surrogacy background checks required nationwide?
A: No. Only 15 states require some form of screening for surrogacy agreements. Federal surrogacy regulations don’t exist, leaving gaps predators can exploit.

Q: What changes are being proposed?
A: Bills in multiple states (including PA and NY) would mandate fingerprinting, FBI background checks, and sex offender registry reviews for all intended parents in surrogacy arrangements.

Q: Did Logan Steven Riley know about his husband’s criminal past?
A: Public records show Brandon’s conviction was accessible via Pennsylvania’s Megan’s Law database, though Logan’s awareness remains unconfirmed.

Q: What’s the status of the couple’s child?
A: Authorities are investigating whether Brandon’s parental rights can be revoked. Child protective services have not disclosed current custody arrangements.