Navigating Parenthood: the Complex Intersection of IVF, Relationships, and Legal Battles in Pennsylvania

In-vitro fertilization (IVF) and other assisted reproductive technologies are a blessing to couples struggling to conceive or unable to conceive children naturally. Many couples in Pennsylvania have had the opportunity to experience the joys of parenthood through these scientific advances when they otherwise could not. On some occasions, however, relationships deteriorate, and couples grow apart and separate. It is in these situations where disputes may arise over parental rights or even custody of frozen embryos.

A recent Pennsylvania case regarding the issue of IVF and parental rights has created headlines and significant interest to expectant parents and the legal community.

Two married women, Nicole Junior and Chanel Glover, decided to have a child through IVF. They spent nearly $30,000 on tests, medications and procedures and, soon enough, using Glover’s eggs and an anonymous sperm donor, Glover became pregnant. Unfortunately, the parties’ relationship weakened and, while still pregnant, Ms. Glover filed for divorce.

As Junior had no genetic connection to the child, she became uncertain as to her parental rights regarding the as-yet unborn child. She filed a Petition to Confirm Parentage in the Philadelphia Family Court. After a lengthy and emotional hearing, the court ruled that the biological mother, Glover, and Junior were the legal parents of the child and both would be listed as parents on the birth certificate.

On appeal, the Superior Court of Pennsylvania solidified Junior’s legal status as a parent of the child based largely on contract law. The court emphasized that the agreements between Junior, Glover, and their fertility clinic, along with sharing the financial and emotional costs of conceiving a child through IVF, demonstrated their mutual intent that both of them were the legal parents of the child. The court noted that honoring the reproductive contracts of parties was not only fair and just but also in the best interest of children conceived through assisted reproductive technologies.

Pennsylvania courts also have addressed other disputes related to IVF and assisted reproductive technologies. These important matters are litigated in family court and, therefore, require the seasoned guidance of family law attorneys.

For example, frozen embryos created by married parties who later are going through divorce are considered marital property and their disposition is resolved through the divorce process. Further, the Pennsylvania Supreme Court has ruled that an oral agreement between a sperm donor not to seek visitation rights and a mother not to seek child support is enforceable.

In all of these matters, Pennsylvania courts consistently have emphasized the importance of pre-conception contracts that clearly and indelibly set forth the mutual intentions of the prospective parties. Parties often will enter into these contracts through their fertility clinic or provider of assisted reproductive technology.

The agreements themselves can be lengthy, cumbersome, and overwhelming. To avoid costly and emotionally taxing litigation in the future, it is essential to find a competent and experienced family law attorney to review these agreements, identify any potential issues, and protect your rights. The experienced family law attorneys at Willig, Williams & Davidson advise potential parents to memorialize their mutual intentions in these enforceable agreements.

If you are considering having a child through IVF or other assisted reproductive technologies, please contact the family law attorneys at Willig, Williams & Davidson. We will help you ensure that your parental rights in the wonderful journey that is creating a new life are protected and not later derailed by contentious litigation and strife.