Frozen Embryos and a Father’s Rights - Chicago, IL

Frozen Embryos and a Father’s Rights

By M. Scott Gordon

If a couple freezes embryos in the hopes of one day having a baby, what happens if the couple breaks up or files for divorce and only one spouse still wants to become a parent? In a recent Chicago case, a former boyfriend and girlfriend are facing this issue, according to an article in the Chicago Tribune. Karla Dunston wants to use the embryos to become a mother, while her ex-boyfriend, Jacob Szafranski, doesn’t want to become a father. What are a father’s rights in a case such as this one?

History of the Recent Embryo Case

Back in 2009, Dunston, who is a medical doctor in Chicago, starting dating Szafranksi, who’s a paramedic, firefighter, and nurse. Shortly into their relationship, Dunston was diagnosed with lymphoma. In order to fight her cancer diagnosis, Dunston had to undergo chemotherapy. Medical professionals told her that her treatments likely would make her infertile. Since Dunston wanted to have a baby, she decided to have her embryos frozen and asked her then-boyfriend, Szafranski, to provide sperm to allow her embryos to be fertilized before being frozen.

Given that Dunston and Szafranski had to make a decision quickly due to the need for Dunston’s chemotherapy, the two agreed to freeze the fertilized embryos prior to Dunston’s treatment. They decided to do this despite the fact that “neither thought the relationship had long-term prospects.” When the embryos were frozen in March of 2010, both Dunston and Szafranksi signed an agreement stating that “no use can be made of the embryos without the consent of both partners.”

Szafranksi now doesn’t want to become a father. In court, Szafranksi argued that the consent form makes clear that both he and Dunston must agree—at any point—about how the embryos will be used, and since he doesn’t want to be a father, Dunston shouldn’t be able to have the embryos implanted. To counter Szafranski’s argument, witnesses for Dunston recalled Szafranski emphasizing that he wanted to help Dunston to become a mother at the time he donated his sperm.

The Cook County Circuit judge originally ruled in favor of Dunston, indicating that “her interests in being a mother outweighed Szafranski’s desire not to be a father.” Szafranski has appealed.

First Case of Its Kind in Illinois

Earlier this month, the Illinois Appellate Court heard oral arguments concerning the frozen embryo case. According to the article in the Chicago Tribune, the outcome “could set a precedent for how disputes over frozen embryos are resolved” in Illinois, and it could have a significant impact on fathers’ rights issues in the state.

Szafranski’s attorney has emphasized that this case is “the first of its kind in Illinois to deal with what you do when two people who create an embryo disagree with how to use them or when to use them.” Given that thousands of embryos are frozen in Chicago each year, this case will help to determine what will happen when the sperm donor no longer wants to become a father.

Complicated questions arise when couples are considering divorce or are dealing with other family law matters. If you have concerns about your rights as a father (or a father-to-be), you should speak with an experienced Illinois family law attorney at M. Scott Gordon & Associates as soon as possible.

Child Support and College Tuition

Child Support and College Tuition

By M. Scott Gordon

In Illinois, child support laws require that both parents support their children. In general, noncustodial parents in a  divorce or parentage case have an obligation to support their children until they turn 18 or complete high school (where a child is still in high school after turning 18, the parents still will be obligated to pay support up until the point that the child turns 19 years old or graduates from high school). In other cases, such as those where a child cannot support himself or herself, or in situations where a child is disabled, the support obligation can continue beyond the child’s eighteenth birthday.

But what about children who turn 18 and go off to college? Is there any kind of child support obligation in Illinois? Illinois law states that both parents must help with college expenses. Yet a recent article in Slate suggests that child support for college students is quite a controversial matter.

Rising College Costs, Rising Child Support Costs?

A recent case in New Jersey reverberated in states across the country. A college student, Caitlyn Ricci, used the legal system to get thousands of dollars from her divorced parents for college costs.  The issue in that case was that a child sued both divorced parents; in Illinois (currently) only one "ex" can sue the other "ex" on behalf of a child for college expenses.  But it sometimes comes as a shock to parents that they can be forced to pay for college.

When judges in Illinois and throughout the U.S. rule that noncustodial parents must contribute to their children’s college expenses, are they changing the nature of child support? Is it actually becoming an obligation that doesn’t, in fact, end at the age of majority? And how much money can parents be responsible for once their children go off to attend various universities and liberal arts colleges?

In-State Versus Out-of-State Tuition

Are parents obligated to pay for any college? Or do these costs only extend to the lowest-cost option?

In-state tuition expenses for public universities are much less than the out-of-state expenses for private (or even public) colleges and universities. Do divorced parents have an obligation to help pay for either option? Or must children choose the lower-cost school if they want to have financial assistance from a parent? In general, courts tend to look at each situation on a case-by-case basis, although many Judge's will limit a parent's obligation to the cost of, say, the University of Illinois.

We’ll need to wait and see how cases like these continue to proceed in Illinois. In the meantime, if you have questions about child support, contact an experienced Chicago family law attorney at M. Scott Gordon & Associates today to learn more about how we can assist you.