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court orders embryos created by woman & boyfriend to be given to woman over boyfriend’s objections

Objections

In a case that we have seen before in Texas, aka Roman v. Roman(link is external), a Chicago court is heating up the issue again with another embryo dispute. In this most recent case, the Chicago woman is now allowed to use the embryos despite the boyfriend’s desire not to procreate.

What are your thoughts on this? It appears that the case matches the Roman case that went all the way to the US Supreme Court via writ, but was rejected.

Read more below from the Chicago Tribune article excerpt:

A Cook County judge this morning awarded custody of frozen embryos to a 42-year-old Chicago woman over the objections of her ex-boyfriend who said it violates his right to not procreate. In 2009, Karla Dunston, a doctor who lives in the city, began dating Jacob Szafranski, a 32-year-old firefighter, paramedic and nurse from Elgin. A few months into their relationship Dunston was diagnosed with lymphoma and had to undergo chemotherapy that would ultimately destroy her fertility.

She testified that she longed to have a biological child and asked Szafranski to provide his sperm so embryos could be frozen prior to her treatment, and he did so, despite neither of them thinking the relationship had long-term prospects. A co-parent agreement giving Dunston control of the embryos was never signed, though.

The couple broke up in May 2010. Szafranski said he changed his mind about being a father after friends and a girlfriend reacted negatively, according to court documents. Judge Sophia H. Hall said this morning in a written ruling that oral agreements between Szafranski and Dunston concerning use of the embryos stand and added that Dunston’s desire to have a child outweighs Szafranski’s desire to not procreate.

“Karla’s desire to have a biological child in the face of the impossibility of having one without using the embryos outweighs Jacob’s privacy concerns, which are now moot,” the judge said in the ruling, “and his speculative concern that he might not find love with a woman because he unhesitatingly agreed to help give Karla her last opportunity to fulfill her wish to have a biological child.”