Houston’s 1st Court of Appeals has settled the score for now in the nation’s first custody battle over a daughter born of a frozen embryo. On April 8, the court sided with the father, who was attempting to exercise parental rights over the baby.

The case pits Houston auto magnate Don McGill against his ex-wife, Mildred Schmit, who created an embryo through in vitro fertilization. Several months after the couple divorced in 1996, Schmidt had the then-frozen embryo implanted, which begat Olivia Grace McGill.

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