Although divorce is rarely simple or emotionally easy, when assisted reproductive technology is part of the equation, divorce can be even more complex. There have recently been some high-profile disputes over frozen embryos in Illinois. The question of whether to implant the embryos, donate them, or destroy them raises questions about reproductive rights, parenthood, and even property rights. Since Illinois courts do not yet have an absolute rule about frozen embryos during divorce, many couples could find themselves in uncharted waters as fertility issues collide with divorce laws.
One of the most high-profile Illinois cases involving frozen embryos is Szafranski v. Dunston, 2015. A man and woman were dating when the woman was diagnosed with non-Hodgkin’s Lymphoma. Facing infertility from chemotherapy, she asked her boyfriend to donate sperm to create embryos, and he agreed, with both signing an Informed Consent document that said in part, “…no use can be made of these embryos without the consent of both partners.” When the two broke up less than a year later, the man sued his ex to prevent her from using the embryos. Despite the signed consent forms, the court ultimately agreed that an oral agreement between the couple superseded the consent document.