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The McKay Law Group, APC
Family Law Attorneys
402 West Broadway, Suite 400
San Diego, CA 92037
P: (619) 321-6886
F: (619) 321-6889

June 12, 2007

Frozen Embryos Cause of Dispute in Divorce

A suburban couple from Texas is headed to the state Supreme Court over the frozen embryos that they both once hoped would bring them children.

Augusta and Randy Roman met in 1996 and married six months later, she a nurse at the time, he a NASA contractor.

Fertility Issues

Augusta got pregnant one time but miscarried and was told she would be unable to have children. The couple then agreed on going to a fertility clinic where eggs were extracted from Augusta and fertilized using Randy’s sperm.

However, the night before the eggs were to be implanted, Randy decided he didn’t want to go through with having children or the marriage.

“He was telling me I was hostile to God and that he had to monitor my soul,” claims Augusta.

While attempting to work things out they decided it was best to freeze the embryos; however, talking didn’t work and a nasty divorce battle quickly set in.

Now, the two are fighting over the embryos. Randy wants them destroyed or kept frozen while Augusta wants to keep them and attempt to get pregnant.

The Dispute

In the case of Roman vs. Roman, attorneys are debating whose rights should triumph—Augusta’s right to have the children or Randy’s right to not want children.

“These are my children and this is my last chance at being a biological mom,” pleads Augusta, 45. According to her, being told she can’t get the eggs implanted is comparable to being forced to get an abortion.

On the other side, Randy is arguing that he believes in a traditional family, and although Augusta claims he won’t owe the child anything, he says he will feel an obligation knowing that he has a child somewhere.

Generally, in embryo custody battles the court will side with the spouse who chooses not to have the child, explains David Meyer an expert in family and institutional law.

However, he goes on to say that these trials are complex because “The law is really still developing.”

(Source: Chicago Tribune)

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