In the highly-publicized Roman v. Roman Texas frozen embryo case, Augusta Roman and her then-husband Randy Roman had tried for several years to have a child (and had one miscarriage) before undergoing infertility treatments. The day before the embryos were to be implanted, Randy told her that he was troubled by certain aspects of their relationship and wanted to wait to implant the embryos until they had resolved their problems. They went to counseling for six months and later divorced.

Augusta, 47, still wants to have the children, and Randy has refused. While undergoing the infertility treatments they had both signed a form which clearly stated that in the event of divorce, the embryos would not be implanted.

The original trial judge in their divorce granted Augusta custody of the frozen embryos. Randy appealed the case, and in February the Texas Court of Appeal sided with him. Augusta and her attorney Rebecca Reitz appealed the case to the Texas Supreme Court. The Texas Court requested briefs but declined to hear the case.

My belief is that while it is unfortunate for Augusta Roman that she will never have a biological child, two people create a child, not one. Neither should be compelled to do so against their will.

Recently I was pleased to hear that the United States Supreme Court, like the Texas Supreme Court, has refused to hear Augusta Roman’s appeal. Their decision is here. This means that Randy is finally, finally rid of this and can move on with his life.

To learn more about the case, see my co-authored column Texas Frozen Embryo case–In Defense of a Man’s Right to Choose (Houston Chronicle, 6/14/07, Baltimore Sun, 6/17/07).

[Note: If you or someone you love is faced with a divorce or needs help with child custody, child support, false accusations, Parental Alienation, or other family law or criminal law matters, ask Glenn for help by clicking here.]

Glenn Sacks,

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