Often times same sex female couples have a child or children by virtue of artificial insemination. As a result, one of the partners becomes a biological parent and the other partner could be viewed in the eyes of the law as a third party. This hardly seems fair when both parties planned the pregnancy with the help of a donor. Hence, the third party needs to solidify her parental rights.
Pennsylvania grants standing to a person who was in loco parentis of the child. A person is deemed to be in loco parentis if she meets two requirements: one she must assume parental status and two she discharges parental duties. Assuming and discharging parental duties generally gives a party standing to pursue custodial rights.
Standing, however, is only one part of the issue and simply gives the person the right to ask the Court for custody.
The second element of the process for same sex female couples is to ask the Court to approve a second parent adoption and to be named a second parent. Upon completion of the adoption, the child has two legal parents. If the parties separate, the Court must view both women as equals when it comes to the custody rights of the child or children.