When a couple divorces, who owns their frozen embryos? Can a woman have them implanted despite her ex-husband’s objections?

In Roman v. Roman, a case of first impression in Texas, Houston’s 1st Court of Appeals considered the merits of a property division in a divorce proceeding decided by Lisa Millard, presiding judge of the 310th District Court in Harris County. Millard had awarded three frozen embryos to the wife as part of a “just and right” division of community property, despite the parties’ prior written agreement to discard frozen embryos in the event of divorce.

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