You may recall seeing our November, 2014 article about a custody battle over frozen embryos. At the time of the article the case had gone up to the Illinois appellate court for a second time. The appellate court recently found in favor of Karla, the woman seeking to use the frozen embryos to have a child over the objection of her former boyfriend, Jacob.
Karla had the embryos frozen before undergoing chemotherapy
treatment that would make her infertile. Jacob provided the sperm. Karla and Jacob are no longer a couple.
The court found the couple had an oral contract which would allow Karla to use the embryos to have a baby. The court also found that Karla has a greater interest in the embryos’ fate than Jacob because they are her “last and only opportunity to have a biological child.”
Man in Embryo Lawsuit (Jacob) has plans to appeal to the Illinois Supreme Court. Stay tuned for further developments.