May 19th, 2014
01:19 PM ET

Judge Rules Woman Can Use Embryos Despite Her Ex-Boyfriend's Wishes

An Illinois state judge has ruled a woman can use the embryos created with her ex-boyfriend, even though the ex says he was told they both would have to consent before further action could be taken.

Here are the details:

Four years ago, Karla Dunston was diagnosed with lymphoma, which would render her infertile due to the chemotherapy.

In the three weeks between her diagnosis and the beginning of her treatment, her boyfriend, Jacob Szafranski, agreed to provide sperm to freeze embryos.

A co-parent agreement giving Dunston control of the embryos was never signed and the couple broke up a year later.

Since that point, Szafranski changed his mind about the embryos.

On "New Day" Monday, Szafranski told CNN's Chris Cuomo it was his understanding that the documents he previously signed required his consent before any action could be taken with the embryos in the future.

Judge Sophia H. Hall ruled in Dunston's favor saying:

"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, 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."

Ms. Dunston's lawyer recently released a statement that said:

"We want to be very clear that my client is not asking for anything from Mr. Szafranski – no support, no money, nothing. She simply does not want him to stand in the way of her very last chance to have her own biological children."

However, Szafranski said money wasn't the point.

"To say that just because somebody doesn't want money from me ... they should be able to force my hand and bring children into this world against my will ... I don't want to be forced into having a child, especially when I'm not ready for that in my life," he said.

Dunston's lawyer also added that her "client is a very private person. She has no interest in any interviews or other exposure at this time. She requests that her family's privacy be respected."

Watch the full interview above with Szafranski and let us know, do you think the judge made the right decision?


Filed under: Interview • News • Social
soundoff (One Response)
  1. Bonnie Russell

    Any time an ex-couple fights, an attorney wins. Details at http://www.familylawcourts.com – don't miss the "breastfeeding for custodial advantage" page.

    May 19, 2014 at 1:51 pm | Reply

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