Szafranski v. Dunston (2013)

Jacob Szafranski (plaintiff) agreed to donate sperm to create pre-embryos with Karla Dunston's (defendant's) eggs before her chemotherapy for non-Hodgkins lymphoma, and the couple signed a hospital informed-consent form requiring both parties' consent to any use of the embryos; the same day, they met with an attorney and decided to enter a co-parenting agreement giving Dunston disposition control if they broke up, but neither ever signed it. Szafranski's sperm was nonetheless used to fertilize Dunston's eggs, producing three frozen pre-embryos; a month after Dunston began chemotherapy, Szafranski ended their relationship and later sought a permanent injunction to prevent Dunston from using the embryos, while Dunston counterclaimed for sole custody of them, and the circuit court granted Dunston summary judgment, prompting Szafranski's appeal.