In 2002, I tried a groundbreaking case—one of the first significant same-sex child custody disputes in the Commonwealth of Pennsylvania. In this highly contentious case, two women who had jointly chosen a sperm donor were fighting for custody of the child they had planned to raise together before their breakup. The biological mother argued for sole custody, but the court ruled that because the couple had always intended to co-parent, both women should share custody.

Now, more than 20 years later, a landmark decision from the Pennsylvania Supreme Court is redefining parenthood once again, reinforcing the power of intent in determining parental rights.

The case, Glover v. Junior, involves a married couple who pursued parenthood through in vitro fertilization (IVF). Chanel Glover planned to carry the pregnancy using her own eggs and a sperm donor chosen to share traits with her wife, Nicole Junior. However, the couple divorced before the child was born. In April 2022, Junior filed a petition requesting that the court recognize her as a parent to their unborn child. The court ruled in Junior’s favor, affirming her request to be recognized as a parent based on intent.

Glover appealed to the Pennsylvania Superior Court, arguing that Pennsylvania law traditionally limits legal parentage to biology, adoption, intact marriages, or contractual agreements (C.G. v. J.H., 193 A.3d 891 (Pa. 2018)). The Superior Court then took up the case en banc, a rare session reserved for particularly complex legal issues. After reviewing extensive evidence, including the couple’s shared commitment to the IVF process, their agreements with fertility clinics and sperm banks, and legal consultations, the court also ruled in Junior’s favor.

Glover then appealed to Pennsylvania’s highest court and the Supreme Court of Pennsylvania recently affirmed the Superior Court’s ruling.

The Glover v. Junior ruling is a victory for couples using assisted reproductive technology. It clarifies that when couples actively plan for a child together through IVF, that intent – and not a formal contract - establishes parentage.

This decision sets a major precedent: it reinforces the power of intent in determining parental rights. It also empowers Pennsylvania courts to consider the intentions and actions of individuals before, during, and after conception when determining parentage. Additionally, on a smaller but no less significant scale, thanks to this ruling, Junior may soon meet her son—now three years old—for the first time!

If you are facing a custody dispute and need skilled, experienced legal assistance, arm yourself with informed, winning representation. Contact Williams Family Law at 215-340-2207 or email info@bucksfamilylawyers.com.