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Are Frozen Embryos People or Property? Texas Supreme Court Receives Briefs

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Are Frozen Embryos People or Property? Texas Supreme Court Receives Briefs | Texas Lawyer
















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Frozen eggs in vitro. Credit: viktoriya/Adobe Stock

At stake is the fate of Roman v. Roman, a 2006 First District Court of Appeals ruling that treated embryos as property in a divorce and allowed the discarding of embryos per terms of a storage contract.

May 17, 2024 at 02:53 PM

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What You Need to Know

  • A divorced woman wants the Texas Supreme Court to overturn a precedent case on custody issues for viable fertilized eggs by granting them personhood.
  • Based on terms of a storage contract, the husband was given ownership of three viable embryos.
  • The supreme court is being asked to stop treating embryos as property in divorce cases.

A divorced Denton woman is asking the Texas Supreme Court to overturn a precedent case that settled custody issues for viable fertilized eggs by granting personhood to her frozen embryos.

The Supreme Court requested and has received briefing from the divorced parties and from national organizations on both sides of the issue, but has yet to agree to review the case.

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