(TNS) — A York County man found himself at the center of controversy this week about a loophole in Pennsylvania law that allows sex offenders to parent a child through surrogacy even though they are barred from adopting.

Brandon Riley-Mitchell, 39, posted a video online with his partner, following a trend to show the growth of their child throughout the first year. A right-wing influencer on X posted the video, with the caption “Unless a miracle happens, this child has almost no chance at a normal life.”

Some commenters jumped to defend the couple against anti-gay rhetoric. There was just one problem that neither the influencer or the commenters knew about.

Riley-Mitchell is a registered sex offender, convicted of sexual abuse of children and possession of child pornography in 2016, according to his publicly available Megan’s Law report.

After that issue was raised, the story blew up across every major social media site: Facebook, Twitter, Instagram and TikTok with videos by creators denouncing the fact that Riley-Mitchell was allowed to have a child.

Adoptive parents need background checks, and Riley-Mitchell’s convictions bar him from adopting a child according to Pennsylvania law.

So how was he allowed to have a child through surrogacy? There are no laws on the books banning it.

Surrogacy rules in the Commonwealth rest on one Superior Court opinion from 2006. In that case, the court determined the gestational carrier, or surrogate, was not the legal mother of a pair of triplets. That ruling is used to justify pre-birth orders which makes the intended parents the legal parents of the child before birth.

With a pre-birth order, the hospital can put the intended parents’ names on the birth certificate, not the woman who has just given birth.

A judge has to sign off on a pre-birth order. If parents can’t get one, they have to get a post-birth order which is, essentially, an adoption.

It’s unclear whether Riley-Mitchell and his partner had a pre-birth order.

Riley-Mitchell was a teacher when he was charged in 2016 and had to surrender his license after his conviction, according to court documents. Riley-Mitchell’s partner has a teaching license in Maryland, a little more than 15 minutes away from the couple’s home.

In 2020, the pair started a GoFundMe for their surrogacy journey, which they said they’d been pursuing since 2019, according to a LinkedIn post. Both the GoFundMe and the LinkedIn have been deleted.

Social media sites have been flooded with public outcry against Riley-Mitchell and his partner, but there is nothing, legally, that can be done. Sex offenders are not forbidden from having children, since procreation is a human right.

Riley-Mitchell’s lawyer, Peter Kratsa, noted his client’s criminal case was 12 years ago and did not involve allegations of physical contact.

“Brandon immediately accepted responsibility for his conduct, served his sentence without incident, and engaged in extensive counseling,” Kratsa told PennLive. “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.”

State Rep. Aaron Bernstine, a Republican serving Butler and Lawrence Counties, intends to introduce a bill prohibiting sex offenders from parenting through surrogacy, saying adoption safeguards should extend to children born through surrogacy.

“This isn’t about politics. It’s about basic human decency and common sense,” Bernstine said in a statement. “No known predator should ever be given the legal right to raise a child in Pennsylvania.”

In his co-sponsorship memo, Bernstine called Riley-Mitchell’s case “disturbing.”

According to reporting from the Chester County Times, Riley-Mitchell was a chemistry teacher at Downingtown West High School in Chester County from 2010-2015.

While he was a teacher, he exchanged hundreds of text messages with one of his 16-year-old students, including messages asking for and receiving nude pictures and videos from the victim. He was charged in October 2016.

The York County Department of Probation Services assumed supervision of Riley-Mitchell from 2017 through 2021 after a supervision transfer. Riley-Mitchell completed his probation in 2021, although he must still register as a sex offender. He hasn’t violated his registration conditions and the York County District Attorney’s Office hasn’t received any criminal charges for Riley-Mitchell.

York County District Attorney Tim Barker said the office would follow up with any charges if a “legally defined criminal allegation” is brought to them.

“I thoroughly appreciate the concerned and outraged emotions expressed by many that a loophole exists in the law to allows a registered sex offender to become a parent through surrogacy without the same intense scrutiny, accountability, and judicial oversight mandated for the adoption process,” Barker said in a statement.

Barker called on the legislature to review the issue and said he was willing to assist the York County delegation at their request.