By The Washington Post 07/06/2015
\”[UPDATE, 7/6/15 2:42 pm: I’m afraid that, when I looked up the case, I accidentally focused only on the 2013 decision, which set forth the legal rule, and missed the 2015 decision that applied the rule (finding that the woman should prevail under both the contract theory and the balancing theory). I’ve revised the post below to also cite and discuss the 2015 decision; my apologies for the error.]
The Appellate Court of Illinois chimed in a few weeks ago, in Szafranski v. Dunston, which in turn rested on a 2013 decision in the same case. Here’s the fact pattern, which is apparently not unusual: Man (Jacob Szafranski) and woman (Karla Dunston) were dating; woman learned that she had cancer and that the treatments would make her infertile; she wanted to have children, so she and the man went through IVF; but then they broke up. She now wants to have one of the fertilized ova implanted, but he doesn’t. Concern about child support apparently isn’t the main problem. Although the man’s lawyer tells me that “[i]t is unclear” and that “[t]he court mentioned but did not rule on that issue,” according to the woman’s lawyer: …\”
Read the entire article: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/07/06/couple-goes-through-ivf-breaks-up-who-decides-what-to-do-with-the-fertilized-ova/
