WHEREAS, there is no Pennsylvania statutory definition of “parent” in the family law context; and

WHEREAS, Family Courts throughout our Commonwealth have been left to interpret the word “parent” in the divorce, custody, child support and other contexts; and

WHEREAS, the question of who is a legal parent has taken on particular importance and complexity with the increasing number of nontraditional and blended families and the increased use of assisted reproductive technology (“ART”), including egg donation, sperm donation, embryo donation, and the use of gestational carriers and surrogates; and

WHEREAS, in the absence of legislative guidance from the Pennsylvania General Assembly, Pennsylvania appellate courts have examined this question in the context of various family structures, applying the legal doctrines of in loco parentis, parentage by estoppel, and parentage via contract, and more recently, the concept of intent-based parentage; and

WHEREAS, who shall be considered a “parent” was addressed in the recent en banc decision of Glover v. Junior, 2023 No. 1369 EDA 2022 (Pa. Super. Ct. 2023)(“Glover v. Junior”) in which the Court examined the concept of “intent-based parentage” in the context of determining whether there was evidence of an oral contract establishing parentage for both parties; and

WHEREAS, the Association believes that it is time, for the General Assembly and the Supreme Court to establish a legal basis for “intent-based parentage” in Pennsylvania; and

WHEREAS, the Pennsylvania Supreme Court has granted allowance for appeal specifically on the “intent-based parentage” issue and has asked for argument on whether “intent-based parentage” should be adopted in Pennsylvania in the context of a child conceived through ART; and

WHEREAS, expanding the legal definition of “parent” to include intent-based parentage and outlining the standards for same and adopting legislation providing clarity to the definition of “parenthood” would benefit all Pennsylvanians who utilize ART in their formation of their family; and

WHEREAS, the Uniform Parentage Act has been passed in 24 states; and

WHEREAS, a bill has been introduced in the General Assembly (House Bill No. 1961, Printer’s No. 2496) (“H.B. 1961”) that would make it the policy of the Commonwealth to adopt the Uniform Parentage Act, establishing parent-child relationships for certain individuals, including those families that utilize ART for the formation of their family, while providing ethical and legally sound ways for gamete donors and gestational and traditional surrogates to be recognized as participants in the ART process, rather than as legal parents.

THEREFORE, BE IT RESOLVED, that the Philadelphia Bar Association endorses the public policy of intent-based parentage for all ART-related parentage determinations in the Commonwealth of Pennsylvania; and

FURTHER RESOLVED, that the Philadelphia Bar Association hereby endorses legislation, such as H.B. 1961, contingent upon amendments ensuring gender-neutrality in the language of the statute and in parentage determinations, that would add provisions relating to the establishment of parent-child relationships for certain individuals; provide for voluntary acknowledgement of parentage; and establish intent based parentage in this Commonwealth; and

IT IS FURTHER RESOLVED, that the Philadelphia Bar Association authorizes the Chancellor or the Chancellor’s designee to communicate the content of this resolution to state and local public officials, other bar associations, and the public at large, and to file an amicus curiae brief in support of the appellee in the Glover v. Junior case pending before the Pennsylvania Supreme Court, urging the Supreme Court to adopt the doctrine of intent-based parentage in the Commonwealth of Pennsylvania, and take such other action as may be appropriate.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: April 25, 2024