Background: 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, which requested briefs.
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.
I did some media on the case. These include:
My debate with Augusta Roman and her attorney on Fox’s nationally-syndicated Morning Show with Mike and Juliet (pictured)–to watch the video, click here.
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)
Several radio discussions–to listen, click here and here.
I’m pleased to hear that the Texas Supreme Court has refused to hear Augusta Roman’s appeal. The story is below.
Texas Supreme Court refuses to hear custody battle
The Associated Press, 8/24/07
AUSTIN  The Texas Supreme Court on Friday refused to consider the case of a woman who wanted custody of three frozen embryos following her divorce.
After her divorce from Randy Roman, Augusta Roman wanted to keep the embryos they had once hoped would bring children.
A Houston trial court had ordered the embryos turned over to Augusta Roman, but Randy Roman appealed that ruling and won. The case then went to the Texas Supreme Court. (more…)
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