Opinion from Supreme Court: Adoption of the Doctrine of Intent-based Parentage in Pennsylvania

On March 20, 2025, the Supreme Court of Pennsylvania established a fifth way to establish legal parentage in Pennsylvania: Intent-based parentage. The Court decided this issue based on a case wherein two women intended to become parents together using Assisted Reproductive Technology. While only one could be the child's biological parent, they both signed a variety of affidavits and took steps to demonstrate that they both intended to be the child's parent. Thus, the Court carved out this new common law doctrine.

Other ways to establish parentage in Pennsylvania: biology, adoption, equity (marital presumption or estoppel), and contract using Assisted Reproductive Technology.

You can read the majority opinion here.

The concurring opinion can be found here.

The Court strongly encouraged prospective parents to document all intents and plans in writing so that in the event of a dispute, the intent of the parties is clear.