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.