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Contracts Keyed to Frier
Szafranski v. Dunston
Citation:2013 IL App ¶ ¶ 1-51, 993 N.E.2d 502 (Ill. App. 2013)
Plaintiff and Defendant were in a romantic relationship when Defendant was diagnosed with non-Hodgkins lymphoma and told that chemotherapy would likely cause her to be infertile. Before Defendant began chemotherapy, Plaintiff agreed to donate his sperm to create pre-embryos with Defendant’s eggs. As a standard procedure, Defendant and Plaintiff signed an informed-consent form at the hospital that provided that the embryos could not be used without the consent of both parties. On that same day, Defendant and Plaintiff met with an attorney and decided to enter a co-parent agreement which gave Defendant the right to control disposition of the embryos in the event of a breakup. However, Defendant and Plaintiff did not sign the co-parent agreement. Nevertheless, Plaintiff deposited his sperm, which was used to fertilize Defendant’s eggs. As a result, three pre-embryos survived and were frozen. One month after Defendant began chemotherapy, Plaintiff ended their relationship. A few months later, Plaintiff filed a pro se complaint, seeking a permanent injunction against Defendant so that he could preserve his right not to become a father.
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