The Maryland Appellate Court weighed in on a divorced couple’s fight over their remaining embryo, awarding ownership to the mother after determining that the parties’ oral agreement to give the embryo a chance at life “no matter what” included the contingency of divorce.

In a Sept. 6 opinion, the court reversed the trial court’s decision to award the rights of the embryo to the father, “Joshua P.,” who wished to destroy the frozen embryo as he and the mother, “Jocelyn P.,” were now divorced.