Randy and Augusta Roman planned on starting a family. Like many other couples, they turned to in vitro fertilization.
In 2002, three frozen embryos were fertilized. But on the night before the embryos were to be implanted, Randy had second thoughts, telling Augusta he did not want her to go through the procedure.
Their marriage began to crumble. And in December, 2002 they divorced.
But who has control over the frozen embryos?
Randy wanted them destroyed. Augusta hoped to use them to have children. Their difference of opinion led to lawsuits.
A Texas trial court ruled in favor of Augusta. The court viewed the frozen embryos as community property and that awarding them to Augusta was "just and right." (
Read the court's decision)
But an appellate court reversed the decision, finding that Randy and Augusta signed an agreement with the reproductive center that said the embryos would be discarded in the event of divorce.
Now, after the Texas Supreme Court declined to hear the case, Augusta is hoping the U.S. Supreme Court will take the case and rule in her favor.
Should a frozen embryo be considered community property, part of a contract, or a life?
-- By Gabe Falcon, "360" Writer
