Pennsylvania Supreme Court’s Decision in Glover v. Junior Recognizes a New Path for Modern Parents

A recent decision by the Pennsylvania Supreme Court in Glover v. Junior, 2025 Pa. LEXIS 390, is being celebrated as a major development for individuals who create families through assisted reproductive technology (ART). By recognizing the concept of “intent-based parentage,” the Court greatly expands the ways legal parentage can be established in Pennsylvania, providing a clearer path to protect the rights of new and prospective parents.

Background of Glover v. Junior

This case involved a married couple who conceived a child through in vitro fertilization (IVF) using donor genetic material. One spouse contributed the egg and carried the pregnancy, while the other spouse, who had no genetic link to the child, fully participated in the conception, shared in medical expenses, and otherwise prepared jointly for the child’s birth. Before the child was born, the spouses separated, and the carrying spouse tried to prevent the other from being recognized as a legal parent. The non-biological spouse filed a pre-birth petition seeking recognition of legal parentage.

The trial court ruled in favor of the non-biological spouse, a decision ultimately affirmed by the Pennsylvania Supreme Court. In so doing, the Court officially adopted “intent-based parentage,” holding that where individuals jointly intend to bring a child into the world and actively share in the ART process, each can be recognized as a legal parent from the moment of birth.

Key Holding: A “Fifth Pathway” to Parentage

Until this decision, Pennsylvania recognized four primary avenues to establishing legal parentage:

1. Biology

2. Adoption

3. Equity (including marital presumption or estoppel)

4. Express Contract (e.g., surrogacy or donor agreements)

   
   

In Glover v. Junior, the Court introduced a new, fifth pathway: intent-based parentage. This approach focuses on the parties’ mutual decision and concerted actions prior to conception and during the fertility process. If parents-to-be mutually take on the responsibilities and costs of conception and clearly plan to raise the child together, Pennsylvania courts can now recognize each as a legal parent, regardless of genetic ties or formal adoption procedures.

Why This Matters for New and Prospective Parents

1. Certainty in ART Cases

   Many couples and individuals use IVF or other forms of assisted reproduction to start or grow their families. Glover creates added legal clarity in situations where one parent lacks a genetic relationship with the child but still invests in the planning and emotional commitment of bringing that child into the world.

   
   

2. Immediate Legal Recognition

   The Court’s ruling offers the possibility of immediate parentage from birth, reducing the need for lengthy court processes or additional legal steps—such as adoption—to confirm a non-biological parent’s rights and obligations. This is especially significant when parents separate or encounter disputes over custody and decision-making.

   
   

3. Child-Centered Outcome

   By recognizing the importance of pre-birth intent and involvement, the Court’s approach protects the child’s interests in having two committed, legally responsible parents from day one. Instead of focusing exclusively on biology or paperwork, the law now acknowledges the reality of how many modern families are formed.

   
   

4. Avoiding Unintended Consequences

   Before this decision, individuals using donor sperm, donor eggs, or other ART methods sometimes faced legal uncertainty. The new ruling addresses those concerns by ensuring the courts can enforce agreements and recognize parental rights based on the clear intentions and actions of the parties.

   
   

Practical Guidance for Prospective Parents

1. Document Your Intent

   Although Glover recognizes a broader path to parentage, prospective parents should still document their plans and intentions thoroughly. This may include fertility clinic contracts, correspondence showing shared financial responsibility, and statements expressing a mutual commitment to raise the child together.

   
   

2. Consult with a Legal Professional

   Laws regarding ART are evolving. Early consultation with attorneys familiar with reproductive and family law is wise to ensure an arrangement that meets everyone’s expectations and protects the child’s best interests from the start.

   
   

3. Consider Additional Steps Where Appropriate

   While intent-based parentage can offer immediate protection, some parents may still opt for confirmatory processes (like second-parent adoption) for added security—particularly if they plan to move to or spend time in states whose laws may differ.

   
   

Looking Ahead

Glover v. Junior provides a new legal framework in Pennsylvania, reflecting changing family-building methods and modern medical advances. By expanding parentage to include those who actively plan, share expenses, and otherwise demonstrate a clear intention to jointly raise a child, the Court gives prospective parents a more secure and straightforward way to protect their relationships with their children.

This decision ultimately underscores the principle that when two (or more) people commit from the outset to share responsibility for a child’s conception and upbringing, the law can—and now, in Pennsylvania, does—recognize each as a legitimate parent. This marks a significant milestone, ensuring that children born through ART benefit from the stability of having all intended parents recognized and responsible from birth.

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For further information or to schedule a consultation, contact Moro & Moro, Attorneys at Law 570-784-1010. Our experienced legal team is here to assist you with all your legal needs in Pennsylvania.

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