An Illinois appellate court on Friday sided with a Chicago woman seeking to use frozen embryos to have a child over the objection of her former boyfriend.
The justices reaffirmed a lower court's May 2014 decision to grant Karla Dunston custody of three frozen embryos despite ex-boyfriend Jacob Szafranski's pleas against what he considers forced procreation.
Karla Dunston was diagnosed with lymphoma four years ago. Knowing chemotherapy would make her infertile, she had the embryos frozen before treatment. Szafranski provided the sperm.
The court found the couple entered an oral contract. According to court documents, the opinion also said the 43-year-old Dunston has a greater interest in the embryos' fate than the 33-year-old Szafranski because they are her "last and only opportunity to have a biological child."
Szafranski's attorney, Brian Schroeder, said he plans to appeal to the Illinois Supreme Court.