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Curran v. Bosze

566 N.E.2d 1319 (1990)

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Curran v. Bosze

Illinois Supreme Court

566 N.E.2d 1319 (1990)

Facts

Nancy Curran (plaintiff) was the mother of three-and-a-half-year-old twins who lived since birth with Curran and their maternal grandmother. Tamas Bosze (defendant) was the twins’ biological father as determined by a blood test. Curran and Tamas entered into an agreed parentage order giving Curran sole care, custody, and control of the twins. Tamas had a 12-year-old son named Jean Pierre Bosze who had a different mother. Jean Pierre and the twins were half-siblings who had met on two occasions for a few hours each time. Jean Pierre suffered from mixed lineage leukemia, which was a rare type of blood-cell cancer that was difficult to treat. None of Jean Pierre’s relatives were compatible to donate bone marrow for a transplant that could potentially save Jean Pierre’s life. Tamas asked Curran whether she would consent to the twins’ being tested and undergoing a bone-marrow-harvesting procedure if they were found to be compatible. Curran consulted with the twins’ pediatrician, bone-marrow donors, and parents of bone-marrow donors before refusing to give consent to either procedure. Tamas filed an emergency petition in the trial court, requesting that the twins be tested and forced to donate bone marrow to Jean Pierre if they proved compatible as donors. The trial court heard medical testimony. The trial court ruled that it did not have authority to grant the petition. Tamas filed a notice of appeal and an emergency motion for direct appeal to the Illinois Supreme Court, which granted Tamas’s motion to hear the appeal and heard oral argument. The supreme court remanded the case to the trial court for further proceedings. The trial court heard extensive testimony and denied Tamas’s petition for emergency relief. All parties appealed to the supreme court.

Rule of Law

Issue

Holding and Reasoning (Calvo, J.)

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