Schiller DuCanto & Fleck:
Illinois Supreme Court’s denies appeal to hear frozen embryo case:
“Szafranski’s attorney, Brian A. Schroeder of Schiller, DuCanto & Fleck LLP, said he was “stunned” by the latest decision and will file a writ of certiorari to the U.S. Supreme Court.
Schroeder seeks to establish a constitutional protection against what he considers forced procreation, which he has compared to a woman’s right to an abortion.
“We still maintain that Jacob’s desire not to become a parent is equally as valid as Karla’s desire to become a parent,” Schroeder said. “And it’s not for the judiciary or any branch of the government to decide.”
Schroeder described the primary argument he would make as a “constitutional liberty interest under the 14th Amendment.”
The Illinois Supreme Court’s choice not to hear the case is somewhat of a departure from how other state judiciaries have handled disputes over the custody of embryos.
The highest courts in New York, New Jersey, Iowa, Massachusetts, Washington and Tennessee have all weighed in on the issue.”
Chicago Daily Law Bulletin, “Supreme Court denies embryo appeal,” October 1, 2015