Szafranski v. Dunston (2015)

Jacob Szafranski (plaintiff) agreed to provide sperm so his then-girlfriend Karla Dunston (defendant) could create frozen pre-embryos before chemotherapy likely rendered her infertile; both signed a hospital informed-consent form requiring mutual consent to use the pre-embryos but deferring to a court's decision if the couple separated, and they discussed but never signed a co-parenting agreement that would have given Dunston sole disposition rights upon a breakup. Three pre-embryos were successfully created and frozen; after Dunston's chemotherapy, Szafranski ended the relationship and later emailed that he had decided hastily and did not want to have a child with her, citing negative reactions from family and concerns about his own future happiness. Szafranski sued to enjoin Dunston's use of the pre-embryos, Dunston countersued for the right to use them, and after the trial court initially granted Dunston summary judgment, the appellate court reversed for a trial, after which Dunston again prevailed and Szafranski appealed once more.