A teacher convicted of sexually abusing an underage boy was able to have a baby with his husband through a surrogate, potentially exploiting a loophole in state law.

The issue recently came to light and sparked outrage after a video circulated online showing Brandon Riley-Mitchell, 39, and his husband holding their infant boy and blowing out candles on a series of cupcakes.

Riley-Mitchell, a former chemistry teacher at Downingtown West High School in Pennsylvania, was convicted in 2016 of sexually abusing a student and possessing child pornography.

He had a sexually inappropriate relationship with the 16-year-old student between May 2013 and December 2014, The Philadelphia Inquirer reported. 

More than 12,000 text messages that included nude images and videos were exchanged between the student and Riley-Mitchell, who was 30 years old at the time.

Riley-Mitchell, who was placed on the sex offenders registry, spent three months in jail and was sentenced to probation with no unsupervised contact with minors.

Under state law, registered sex offenders are not allowed to adopt or foster children, but there is no current law preventing individuals from conceiving via surrogacy.

It remains unclear if Riley-Mitchell is biologically related to the child through the procedure, which surrogacy and adoption attorney Stuart Sacks told the Inquirer may be ‘where the loophole comes in.’ 

The couple had launched a fundraiser on GoFundMe in 2023 to raise money to help them afford a gestational surrogate. 

In an update, they announced that they had found a surrogate ‘after three long years of searching’ when a family friend reached out.

‘Our surrogate went through extensive medical and social worker evaluations in order to be approved for surrogacy,’ the couple said. 

‘Once approved, the lengthy legal and financial process began. We are so excited that our amazing surrogate will carry one of our embryos for us, helping to expand our family!’ 

Now, thousands are calling for the child’s removal and for an update to state law that would also protect children born through surrogacy.

‘This child is now living in the custody of a man convicted of sexually abusing a child. The public is outraged, and we are demanding immediate action,’ a Change.org petition said. 

The petition called on Gov. Josh Shapiro, the Pennsylvania Department of Human Services, and the Pennsylvania Legislature to launch an investigation into the situation, remove the child, and ‘close any legal gaps’ for sex offenders to adopt or have custody of children. 

As of Saturday, the petition had garnered more than 10,500 signatures. 

Peter Kratsa, Riley-Mitchell’s former attorney in his criminal case, told the Inquirer that his former client ‘did nothing illegal or unethical in becoming a surrogate parent.’

Kratsa added that Riley-Mitchell had ‘accepted responsibility for his conduct, served his sentence without incident, and engaged in extensive counseling.’

‘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,’ Kratsa told the outlet. 

Republican Rep. Aaron Bernstine announced in July that he planned to create a bill that would prevent sex offenders from becoming parents through surrogacy and require background checks and child abuse clearances. 

‘This about protecting kids- period,’ he said. ‘The safeguards in place for adopting children should also protect those children born through surrogacy.’

‘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.’  

Bernstine also criticized the pre-birth order process, which is a legal petition filed in court that recognizes the intended parents as the legal parents of a child born via surrogacy. 

He said the 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,’ Bernstine wrote,.

York County District Attorney Tim Barker told Newsweek in a statement: ‘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.’ 

‘This is an issue ripe for review and remedy by our Pennsylvania Legislature,’ he added. 

 Barker added that currently no laws have been broken but he had ‘full confidence’ that county officials would pursue any ‘constitutionally permissible legislative actions’ to protect children,’ the outlet reported.