A mother who intended for her long-time partner to adopt a child she had with another man must first show cause as to why she and her partner can’t marry, and then establish why a requirement mandating that both biological parents relinquish their parental rights before an adoption should be excused in her case. The court’s scrutiny of the adoption process in the case –In re Adoption of M.E.L., … [Read more...] about Mother Must Show Cause Before Partner Can Adopt Child, Pennsylvania Supreme Court Says
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My Two Dads: Why Court Says Paternity Test Was Warranted in Recent Pennsylvania Case
Recently, the court evaluated Pennsylvania’s legal doctrines of presumption of paternity and the doctrine of paternity estoppel in B.D. v. C.P. and D. In Pennsylvania, a child conceived or born during an intact marriage is presumed to be the husband’s child, or a child of the marriage (presumption of paternity) even if the husband is not the biological father. That presumption led to another … [Read more...] about My Two Dads: Why Court Says Paternity Test Was Warranted in Recent Pennsylvania Case
Pennsylvania Appeals Court Rejects Non-Bio Mom’s Bid for Custodial Rights
A lesbian couple planned to have a baby using in vitro fertilization, but when their marriage started to crumble, they found themselves in court arguing over custody. In a recent 2-1 ruling, the Pennsylvania Superior Court ruled in favor of the biological mother, saying there was no "enforceable contract in place" conferring rights on the bio mom’s spouse. The case highlights how crucial it … [Read more...] about Pennsylvania Appeals Court Rejects Non-Bio Mom’s Bid for Custodial Rights
A Proposed Amendment to Pennsylvania’s Constitution Could Have Huge Impact on Assisted Reproduction if Passed
An Amendment to Pennsylvania’s Constitution regarding elective abortions is under second consideration in the Senate and advancing toward passage. Although the Bill is aimed at attacking abortion rights, a significant impact on assisted reproduction is likely. In response to a lawsuit by an abortion industry seeking the requirement of public funding through Medicaid for abortions of low-income … [Read more...] about A Proposed Amendment to Pennsylvania’s Constitution Could Have Huge Impact on Assisted Reproduction if Passed
Unanimous Supreme Court Issues Narrow Decision Regarding Government Limits on Religious Discrimination by Government Contractors
The Fulton v. City of Philadelphia case has been followed by many, including those with an interest in foster care, LBGT rights and religious freedoms. The decision upheld the right of Catholic Social Services (“CSS”) to refuse to certify same-sex and unmarried couples as foster parents, as certifying such couples would violate the religious beliefs of the Catholic Church. The … [Read more...] about Unanimous Supreme Court Issues Narrow Decision Regarding Government Limits on Religious Discrimination by Government Contractors
Recent Surrogate Controversies Highlight Potential Contractual Issues to Keep in Mind
Two recent surrogacy controversies have emerged over the last couple weeks that highlight potential issues for couples looking to start a family through assisted reproductive technology (ART). New parents, Tammy and Jordan Myers, wish to adopt their twin babies after failed attempts to convince judges to name them the parents of their own biological children. While they are the biological parents … [Read more...] about Recent Surrogate Controversies Highlight Potential Contractual Issues to Keep in Mind