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Using IVF or a Donor? How the “Intent-Based Parentage” Rule Protects Your Rights

  • February 23, 2026
  • Adoption, Custody, Jessie D. Rawlings, Legal Updates
A happy couple admiring their sonogram in a warm, setting, representing the new intent-based parentage protections in Pennsylvania.

For decades, Pennsylvania law recognized only four ways to be a legal parent: biology, adoption, marriage (presumption), or contract. But as families have evolved, the law has struggled to keep up—until now.

In a landmark decision issued on March 20, 2025, the Supreme Court of Pennsylvania fundamentally shifted the landscape of family law. In the case of Glover v. Junior, the Court officially recognized a fifth pathway to parenthood: Intent-Based Parentage.

At Raver Rawlings Law Group PLLC, we are closely following this decision because it offers critical new protections for LGBTQ+ couples and any family using Assisted Reproductive Technology (ART) to conceive.

The Case: Glover v. Junior

The case involved a married same-sex couple who decided to have a child. They used one partner’s egg and donor sperm to conceive via In Vitro Fertilization (IVF). Both spouses signed contracts with the fertility clinic, selected the donor together, and prepared for the baby’s arrival.

However, the marriage deteriorated before the child was born. The birth mother filed for divorce and argued that her estranged wife—who had no biological link to the child and had not yet completed a step-parent adoption—was not a legal parent.

Under the old rules, the non-biological mother might have lost. She had no genetic connection, and the adoption paperwork hadn’t been finalized.

The Ruling: Intent Matters More Than Biology

The Supreme Court disagreed with the birth mother. In a precedent-setting opinion, the Court ruled that parentage can be established by proof of shared intent.

Because the couple had mutually agreed to conceive and raise the child together—evidenced by their clinic contracts and actions during the pregnancy—the non-biological mother was a legal parent from the moment of birth.

The Court recognized that “Intent-Based Parentage” is necessary to protect children born through ART, ensuring they are not left without a second parent simply because a relationship ends before a birth certificate is signed.

What This Means for Pennsylvania Families

This ruling is a massive victory for stability. It means that if you and your partner jointly plan to bring a child into the world using ART, the law will hold you both to that commitment.

Key Takeaways for Parents:

  • Biology is Not the Only Factor: You do not need a genetic link to be recognized as a parent if you have clear evidence of intent.
  • Contracts Count: Documents signed at fertility clinics (naming a “co-intended parent”) are now powerful evidence in custody disputes.
  • Protection for the Child: The ruling ensures that a child’s right to support and care isn’t voided just because their parents separate during the pregnancy.

Why You Still Need a Lawyer

While Glover v. Junior is a major step forward, it doesn’t make parentage automatic in every situation. The Court emphasized that “intent” must be proven through evidence.

If you are planning to grow your family through IVF, surrogacy, or sperm donation, don’t leave it to chance. You should still:

  1. Document Everything: Ensure all clinic forms clearly list both partners as “intended parents.”
  2. Get a Pre-Birth Order: Consult with an attorney to establish parentage rights before delivery.
  3. Consider Adoption: In many cases, a “confirmatory adoption” is still the safest route to ensure your rights are recognized in other states.

Navigate the New Laws with Confidence

The definition of “family” in Pennsylvania changed in 2025. Make sure your legal team is up to date.

Whether you are excited to start a family or are facing a complex custody dispute involving ART, Raver Rawlings Law Group PLLC is ready to help you understand your rights under this new Supreme Court precedent.

Contact us today to schedule a consultation.

Authored by:

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Jessie D. Rawlings
Compassionate family law attorney Jessie D. Rawlings serves Southwestern PA, providing strategic advocacy in divorce, custody, and adoption.
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