In the matter of Glover v. Junior, 2023 Pa.Super. 261, the Pennsylvania Superior Court clarified how to determine parentage, especially when the two prospective parents divorce.

The two parties in this matter, Glover and Junior, were female same-sex partners (once married, now likely divorced) who pursued in vitro fertilization (IVF) to conceive a child. Glover was the woman whose eggs were used and became pregnant. Unfortunately, during the course of the fertilization and pregnancy process, the parties separated and engaged in divorce litigation.  Due to the deterioration of their relationship, and divorce litigation, Junior filed a petition for pre-birth establishment of her parentage over the child carried by Glover. In opposition, Glover essentially argued that she is the only biological parent and, by the time the child was born, the parties were separated and a divorce action had been filed. The trial court ruled in Junior’s favor (granting her parentage over the child), leading Glover to file an appeal to the Superior Court, which affirmed the trial court’s ruling.