Pittsburgh Family Law Services, P.C. Blog

The Pennsylvania family law world has been buzzing with the news of the decision in Glover v. Junior.  The Pennsylvania Supreme Court upheld the Superior Court’s determination that it is possible to establish parentage through showing intent to conceive and raise a child together.  This case has an important impact on couples in non-traditional family arrangements, who don’t easily fall into the standard definition of a “parent.”  

In this case, two married parents decided to use in-vitro fertilization to conceive a child.  One spouse carried the child and the other, who was genetically unrelated, fully participated in the process by attending appointments, sharing medical expenses, and physically helping the other parent receive injections to conceive the child.  Unfortunately, the couple’s marriage broke down before the child’s birth, and they disputed whether the non-biological party was properly a “parent” under Pennsylvania law.  The trial court initially ruled in favor of the non-biological parent, granting her the ability to participate in custody proceedings.  After a lengthy appellate process, the Pennsylvania Supreme Court determined that someone not biologically related to a child can be legally recognized as a parent from the moment of that child’s birth by establishing the couple intended to conceive and raise the child.  

This decision is critical for parents using assisted reproductive technology.  Up until this decision, the only official ways to establish parentage was through:  being a biological parent, adoption, equity (such as paternity by estoppel), and a specific contract (such as in the case of a surrogacy agreement).  The law did not provide for families who began the ART process intending to have a child and live as an intact family, but who separated prior to birth.  By adopting a pathway to parentage using an intent-based approach, parents whose relationships unfortunately break down can now be assured of immediate legal standing.  Non-biological parents are not required to enter into a contract with their romantic partner or spouse, or pursue an adoption (and in fact, adoption wouldn't even be possible if a couple divorces before a child is born).  This in turn reduces the need for extensive litigation and court proceedings to determine a non-biological parent’s rights and responsibilities.  

Of course, one single case does not solve all potential challenges.  It will be important for couples to show intent to conceive and raise a child together.  There is no set checklist of what would evidence intent, but actions such as signing an ART agreement, sharing in medical expenses, and attending medical appointments would indicate a joint desire to co-parent and reside as an intact family.  The objective is to show that prior to the relationship or the marriage ending, both partners agreed to have a child together.  

If you have been struggling with establishing parentage due to not being biologically related to your child, contact our office to speak with a Pennsylvania custody lawyer.