Frozen Embryo Disputes Between Unmarried Couples in Illinois
When unmarried partners create embryos through in vitro fertilization (IVF), they may share the expectation of having a child together. If the relationship ends before the embryos are used, that shared plan can become a difficult legal disagreement.
One former partner may want to preserve the embryos for future reproductive treatment. The other may object to their use, request continued storage, or believe that the embryos should be discarded. A fertility clinic may have consent forms addressing separation, but the documents may be incomplete, disputed, or inconsistent with what one partner believes was agreed upon.
Unlike divorcing spouses, unmarried partners do not have a divorce proceeding in which to address the disposition of stored embryos. Nevertheless, their dispute may involve legally significant agreements, reproductive interests, and Illinois statutes governing assisted reproduction.
The Law Office of Fedor Kozlov, P.C., based in Schaumburg, addresses complex reproductive and embryo disposition issues. Understanding how unmarried status affects a dispute is an important first step in determining what legal options may be available.
What Happens to Frozen Embryos When an Unmarried Couple Separates?
Separation does not necessarily give either former partner unilateral authority to use, transfer, donate, or discard embryos created during the relationship.
The starting point is often the documentation signed before IVF treatment, during embryo creation, or when the embryos were placed in storage.
Those documents may address what happens if the couple separates, one participant withdraws consent, storage payments stop, or the parties disagree about future use.
A dispute can develop when:
- One former partner wants to use the embryos to attempt pregnancy, while the other objects.
- Both partners want continued storage but disagree about who controls future decisions.
- One partner requests destruction or donation without the other’s agreement.
- The clinic requires joint authorization that the parties cannot provide.
- The parties disagree about the meaning or validity of an earlier consent form.
- One partner believes an earlier agreement was replaced by a later document.
The legal question is not necessarily who paid for IVF or whose name appears on the storage account. The terms of the applicable consent documents, the nature of the disagreement, and governing law may be more important in determining how reproductive and embryo disputes are resolved under Illinois law.
Does Illinois Law Apply to Embryo Disputes Between Unmarried Partners?
Illinois law contains provisions specifically addressing consent and disposition in assisted reproduction.
Under 750 ILCS 46/704.5, when intended parents no longer agree on the use of a cryopreserved fertilized ovum for medical purposes, the statute identifies the most recent informed consent executed at the fertility center or an applicable marital settlement agreement as governing its disposition.
This provision became effective December 12, 2025.
For unmarried partners, the fertility center’s informed-consent documentation may therefore be especially significant because the parties ordinarily will not have a marital settlement agreement entered in a divorce.
However, the statute should not be interpreted as answering every possible dispute. Questions can arise about which document constitutes the most recent informed consent, whether it addresses the circumstances that occurred, and whether the relevant agreement is enforceable.
The location of the fertility clinic and any choice-of-law provisions may also matter, particularly when embryos are stored outside Illinois.
Why the Date of the Agreement Matters
IVF consent documents may have been signed years before the relationship ended.
An older agreement may address certain events but not others. The parties may also have signed additional forms when embryos were transferred to another facility or when storage arrangements were renewed.
Because Illinois law changed in 2025, the timing of the relevant events and any pending proceedings may raise questions about how the current statute applies.
Those questions require case-specific legal analysis rather than assuming that a rule discussed in an older court decision necessarily controls.
How IVF Consent Agreements Affect Unmarried Couples
Consent agreements are central to many disputes over stored embryos.
A clinic may ask both participants to choose among potential outcomes if they separate, one participant dies, storage becomes unavailable, or the embryos are no longer wanted for reproductive treatment.
The form may offer options such as continued storage, donation for reproductive use, donation for research where permitted, or disposal.
Not all agreements are equally detailed.
When the Agreement Clearly Addresses Separation
If the parties signed a relevant informed-consent document that directly addresses their circumstances, its terms may play a substantial role in determining disposition under Illinois law.
However, the precise language matters.
An agreement that addresses ending storage may not necessarily resolve whether one former partner can use the embryos independently.
Similarly, a form that authorizes continued storage during a disagreement may not establish who ultimately controls disposition.
When the Agreement Is Missing or Ambiguous
Some disputes arise because the parties cannot locate the relevant agreement or because the document does not clearly address the issue.
A signed form may refer to another policy, contain incomplete selections, or leave a critical contingency unanswered.
In these situations, it may be necessary to examine the full treatment and storage records, communications between the parties, and the applicable legal framework.
The absence of a clear agreement does not mean that either partner automatically prevails.
When One Partner Changes Their Mind
A person may have consented to creating embryos during the relationship but later object to their use after separation.
That change can create a conflict between an earlier expression of intent and a present objection.
Illinois law distinguishes questions concerning withdrawal of consent to assisted reproduction, use of gametes, and disposition of already-created embryos. These issues should not be treated as interchangeable, making the terms of existing IVF agreements and consent documents particularly important when evaluating a dispute.
Does Marriage Make a Difference in Embryo Litigation?
Yes. Although the underlying reproductive interests may be similar, the available legal proceedings and documents can differ significantly.
Married couples may address embryos through divorce proceedings, and an applicable marital settlement agreement can be relevant under Section 704.5. These considerations may arise in frozen embryo disputes during divorce.
Unmarried couples generally cannot rely on the divorce process to resolve their dispute. Instead, the legal options may depend on the applicable consent agreement, the parties’ rights, the requested relief, and the court’s jurisdiction.
It would be incorrect to assume that the rules governing ordinary marital property division automatically determine the rights of unmarried partners concerning embryos.
The same caution applies to terminology. Calling embryos jointly owned property does not resolve the distinct legal questions surrounding reproductive consent and disposition.
What Illinois Court Decisions Say About Competing Reproductive Interests
Illinois appellate decisions have addressed disagreements involving one person’s interest in using stored embryos and another person’s interest in avoiding reproduction.
In Szafranski v. Dunston, Illinois courts considered a dispute involving former unmarried partners and the use of embryos created during their relationship.
The litigation illustrates why the parties’ agreement and the circumstances surrounding consent can be central to a dispute.
In In re Marriage of Katsap, 2022 IL App (2d) 210706, the appellate court addressed embryo disposition in a divorce proceeding. The court considered competing reproductive interests where the parties did not have an established agreement governing disposition.
These decisions remain important to understanding the development of Illinois embryo litigation. However, they must be read alongside the subsequently enacted Section 704.5 and the facts of the particular case.
A court’s analysis in one embryo dispute should not be treated as a universal rule that one person’s wish to reproduce always outweighs another person’s objection.
What If the Embryos Are Stored Outside Illinois?
Unmarried partners living in Illinois may have embryos stored in another state.
This can complicate a dispute because the storage facility may operate under another state’s laws, the agreement may contain a choice-of-law provision, and the relevant individuals may live in different jurisdictions.
Questions may include:
- Which court has authority to hear the dispute?
- What law governs the consent agreement?
- Can a court order bind the storage facility?
- Does the clinic require additional documentation before taking action?
- Are there conflicting instructions or proceedings in different states?
These questions should be evaluated before assuming that an Illinois court order will automatically control a facility located elsewhere.
How Can an Unmarried Partner Protect Their Interests?
A person facing a disagreement over frozen embryos should first obtain the relevant documents and establish the current storage status.
Important records may include the original IVF consent forms, later amendments, storage agreements, account communications, and any written instructions concerning disposition.
It may also be necessary to determine whether a transfer, disposal, or other irreversible action has been scheduled.
If immediate action is threatened, the circumstances may warrant consideration of urgent legal measures to preserve disputed embryos.
Not every disagreement requires litigation. Some parties may reach a documented agreement concerning continued storage or disposition. When agreement is impossible, the available court proceedings depend on the facts and governing law.
Frequently Asked Questions
Can my former partner use our frozen embryos without my consent?
That depends on the applicable informed-consent documents, governing law, and circumstances. An earlier agreement to create embryos does not necessarily resolve every question about their use after separation. Illinois Section 704.5 makes the relevant fertility-center consent documentation particularly important.
Do unmarried couples have the same embryo rights as divorcing spouses?
Not necessarily. Both may have legally significant reproductive interests, but unmarried couples do not have a divorce proceeding or marital settlement agreement. The applicable agreements, statutory provisions, and available legal remedies must be evaluated separately.
Does the person who paid for IVF control the embryos?
Payment alone does not necessarily establish unilateral authority over embryo disposition. The signed consent documents, the parties’ legal rights, and the applicable law may be more significant.
What if we never signed an agreement about breaking up?
The absence of a provision addressing separation may complicate the dispute. It is important to review all treatment and storage records before concluding that no relevant agreement exists. The appropriate legal analysis depends on the documents, applicable statutes, and judicial decisions.
Speak With an Illinois Attorney About an Embryo Dispute
A disagreement over embryos after an unmarried relationship ends can involve decisions that cannot easily be reversed. The relevant consent agreements, the parties’ reproductive interests, and the location of the embryos all deserve careful examination.
The Law Office of Fedor Kozlov, P.C., assists clients with complex reproductive and embryo disposition matters. To discuss your circumstances and determine whether the firm can assist, call 847-241-1299 for a confidential consultation.
