Glover, C. v. Junior, N.

• Court: Supreme Court of Pennsylvania
• Decided: March 5, 2024
• Docket: 10 EAL 2024 (Granted)
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

CHANEL GLOVER, : No. 10 EAL 2024 : Petitioner : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : : NICOLE JUNIOR, : : Respondent :

ORDER

PER CURIAM

AND NOW, this 5th day of March, 2024, the Petition for Allowance of Appeal is

GRANTED. The issues, rephrased for clarity, are:

(1) Did the Superior Court’s en banc decision conflict with the holding of the Supreme Court of Pennsylvania in C.G. v. J.H., 193 A.3d 891 (Pa. 2018), by concluding the spouse of the biological mother of a child conceived through Assistive Reproductive Technology, who bore no biological relationship to the child, had a right to parentage of the child, where no contract term establishing the spouse as a legal parent existed and the Superior Court applied “intent-based” parentage, to reach its conclusion that an oral contract established the spouse as a legal parent?

(2) Should the doctrine of “intent-based” parentage be adopted in Pennsylvania in the context of a child conceived through Assistive Reproductive Technology? (3) Did the Superior Court err in holding the spouse of the biological parent of a child conceived through Assistive Reproductive Technology, who bore no biological relationship to the child, had a right to legal parentage of the child as a matter of equity under the circumstances of this case?

Justice McCaffery did not participate in the consideration or decision of this matter.