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Judge awards custody of embryos to woman despite objection of former boyfriend

By Mason White 3:44 PM May 19, 2014
Karla Dunston and Jacob Szafranski 

By: Hydar Tomar
(Scroll down for video) A man in unhappy that his former girlfriend will be allowed to give birth to his baby.

The man told a judge that he no longer wanted to be a father despite the fact that he willingly donated the sperm when the two were together.

Karla Dunston, 42, of Chicago, Illinois, was diagnosed with lymphoma four years ago. Knowing that chemotherapy would leave her infertile, she had embryos frozen before treatment.

Her then boyfriend, Jacob Szafranski, happily provided the sperm. However, when they separated a year later, Szafranski changed his mind and decided that he no longer wanted children.

Szafranski was willing to allow his former girlfriend to use the embryos on the condition that his hospital records be destroyed and there would be no way to trace the child back to him, but the hospital refused his request, leading to a lengthy court battle.

A Cook County judge granted custody of the embryos to Dunston. The judge said that the desire to have a biological child in the face of the impossibility of having one without using these embryos outweighs Szafranski’s privacy concerns.

Szafranski said that he will appeal the decision. Since the legal battle is taking so long, Dunston has since gone on to carry and give birth to a son, using a donor egg and donor sperm. However, she still wants a biological child.