The U.S. Supreme Court has long held the decision to bear children so fundamental that it warrants protections in the highest regard. In fact, dating all the way back to Griswald (1965) and Eisenstadt (1972), the Supreme Court guaranteed and protected these rights, regardless of a prospective parent’s marital status. However, this “protection” to prospective parents appears to have been limited in one particular way—same-sex couples are being required do more and say more just to prove and protect their rights as parents—and a pending case in the Pennsylvania Superior Court demonstrates the impact of these requirements.

Following their marriage in January 2021, Nicole Junior (Junior) and Chanel Glover (Glover), a same-sex couple, decided to move to Philadelphia to be closer to their respective families. At the time, they did not know what was in store for them—having just been married and moving nearly 3,000 miles cross-county. However, what they did know is that they wanted to start a family.

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