Child Sex Offender Uses Loophole to Become Father to Infant Through Surrogacy

A man revealed to be a convicted child sex offender is causing outrage because he's got a baby boy at home ... and we've learned there was nothing to block him from bringing the child into his family under Pennsylvania law -- but now prosecutors say the best solution is changing the law through the legislature.

Here's the deal ... a Pennsylvania man named Brandon Keith Mitchell went viral this month over videos he shared on social media showing him and his husband kissing a baby boy and blowing out a candle every month through the child's first birthday.

The couple got ripped by some right-wing activists -- and then folks discovered Mitchell is a registered sex offender who was convicted of child sex abuse and possession of child pornography back in 2016.

Mitchell and his husband crowdsourced money a couple years ago to help them pay for a surrogacy ... and they found a surrogate who they say gave birth to their baby boy, and they've since been documenting their "surrogacy journey."

Folks on the internet are voicing outrage and concern, but we've learned there is nothing expressly prohibiting a registered sex offender from becoming a parent through surrogacy under Pennsylvania law.

Tim Barker, the District Attorney for York County, Pennsylvania, tells TMZ ... "I thoroughly appreciate the concerned and outraged emotions expressed by many that a loophole exists in the law to allow a registered sex offender to become a parent through surrogacy without the same intense scrutiny, accountability, and judicial oversight mandated for the adoption process."

Mitchell lives in York County, and the D.A. says he completed his probation/parole supervision in 2021 and has not been alleged to have violated any conditions regarding his sex offender registration ... and there have not been any criminal charges or allegations against him.

Still, the D.A. says the controversy shows this "is an issue ripe for review and remedy by our Pennsylvania Legislature."

Barker adds ... "I have full confidence that our York County State Senators and Representatives will vigorously pursue any constitutionally permissible legislative actions that serve to protect children from harm, and enthusiastically stand ready to assist our York County delegation at their request on this issue."

Peter E. Kratsa, Brandon Mitchell's attorney, tells TMZ ... "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. Brandon immediately accepted responsibility for his conduct, served his sentence without incident, and engaged in extensive counseling."