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Published On: Sun, May 18th, 2014

Cancer survivor Karla Dunston wins custody to embryos, boyfriend no longer wants kids

A judge in Chicago has ruled in favor of a woman who froze embryos to have children over the lawsuit by the father, a former boyfriend who says it violates his rights. The gave the woman full custody of the embryos reports the Daily Mail.

Karla Dunston photo/Facebook

Karla Dunston photo/Facebook

Karla Dunston and her “then boyfriend” Jacob Szanfranski froze embryos together when Dunston began treatment for a lymphoma four years ago. This procedure was expected to leave her fertile. Sadly, Szanfranski broke off the relationship a year later.

A co-parent agreement giving Dunston control of the embryos was never signed, WGNTV noted.

The Cook County judge ruled on Friday, awarded custody of the embryos to Dunston, stating the cancer survivor’s  “desire to have a biological child in the face of the impossibility of having one without using the embryos outweighs” paternity rights or decision now to “not procreate.”

The decision was made under duress, Szafranski said, adding that he will appeal. The embryos will not be implanted in Dunston until the appeal is completed.

Dunston, 42, has since gone on to carry and give birth to a son – using a donor egg and donor sperm, Szafranski’s attorney confirmed. But he added that would not affect the outcome of the case as the court distinguishes between a child that is biological and ‘essentially adopted’.

 

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About the Author

- Catherine "Kaye" Wonderhouse, a proud descendant of the Wunderhaus family is the Colorado Correspondent who will add more coverage, interviews and reports from this midwest area.

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  1. Your Name... says:

    They should not have given her custody. He also had rights to those embryos and on top of the second agreement to give up his rights was never signed by either so, the original agreement should have been honored and nothing should have been done with those eggs unless both agreed to get and I think honestly the judge should have had them destroyed.

  2. High Tech Reproduction Court Battle TKTKTK - Mommyish says:

    […] mind about having children, triggering a heated high tech reproduction court battle. This Friday a Cook County judge finally ruled in Dunston’s favor, leaving many folks, including me, asking; what about the father’s reproductive […]

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