Whose Egg Is It?

HOUSTON (Ivanhoe Broadcast News) -- Should an embryo be destroyed if the couple who made it gets divorced? That's the question courts across the country will have to face as more couples turn to new technology to help them have kids.

The custody battle over Augusta Roman's frozen embryos could make or break her dream of becoming a mother. "These are my only hopes of having my own biological children," says Augusta, who is fighting for the lives of three embryos she and her former husband Randy created in happier times.

The embryos became the center of a custody battle when Randy changed his mind about having children with Augusta the night before the embryos were to be implanted. "He had doubts about the marriage," says Augusta. "As head of the household, he said he would make the decision about when we would go forward with the implantation."

When Randy filed for divorce, he told Augusta he wanted the embryos destroyed even though Augusta wanted to move forward and become a mother. A Houston court ruled in Augusta's favor, but an appeals court overturned the case, saying the couple had previously signed a statement saying the embryos were to be destroyed in the event of a divorce. Augusta and her attorney maintain the contract in question was referring to the remaining embryos that would be frozen after the initial in vitro procedure. "I wouldn't have gone through everything I went through, I wouldn't put my life in danger to have children, just to turn around and sign them off like that," Augusta says.

The number of custody battles and debates concerning embryos is growing. Pro-lifers say embryos should not be destroyed, but some state Supreme Courts have ruled that people should not be forced into parenthood and state both partners must consent before embryos are implanted.

"If Augusta and Randy had just had sex and she gotten pregnant, she could have the baby without his consent," argues Becky Reitz, Augusta's attorney.

Randy refused to give Ivanhoe an interview, but his attorneys say, "The contract between the would-be parents and the fertility clinic should be honored ... If children are created using Mr. Roman's DNA, he wants to truly be a father to them and not an anonymous sperm donor. He certainly does not want to father children with a woman who hates him so much."

Both sides are waiting to see if Texas' highest court will hear the case. If the court refuses, the eggs -- along with Augusta's hope for biological children -- will be destroyed.

This article was reported by Ivanhoe.com, which offers Medical Alerts by e-mail every day of the week. To subscribe, click on: http://www.ivanhoe.com/newsalert/.

If you would like more information, please contact:

Pamela George,
1201 McDuffie No 134
Houston, TX
77019 (71) 520-9221

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