Texas Supreme Court Gets It Right, Dumps Frozen Embryo Lawsuit

2007-08-25
By

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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  • http://www.false-accusers.com TheManOnTheStreet

    Bout freaking time the courts (at least some court) sees that it took two to concieve and should take two to birth as well. If one pulls out (pardon the pun) then it is no longer a JOINT decision. To force this man to have a child without his blessings is aching to forcing a woman to carry to turn without HER blessings.

    Sure, there is the dichotomy that it’s ‘her’ body etc etc.. but the fundimental fact is, to force another (a man) to father when he clearly does not want to is wrong.

    In this case, a man has a right as he should have.

    And it is nice to see that the tired and true ‘he should have kept it in his pants’ not used for once as well…..

    TMOTS

  • Robert Stevens

    It is a typical case of the woman wanting to change the rules to suit her. The contract firmly said no implantation in the event of a divorce. The only reason this thing ever got out of the starting gate is that it is a woman, who did not like the terms. A man is often forced into parenthood, and noone seems to give a damn.
    The women are always hollering , my body my body, well what about my body and my rights of choice. If I don’t want the lifelong commitment or run the risk that I will end up just a visitor and a financial supporter. That I will not have any real right to be a parent, even if I do choose to be a parent initially.
    It is high time to rebalance the system, either take away some the priviledges we have given women, that men don’t have or extend to men the very same priviledges. Make it equal, even if we do that some prom queen , who is used to having all her way , will whine and complain. I just ain’t fair, he gets the same choice I do and now who will pay for my right to choose, now that he has opted out.

  • Ed

    Good points, but, how’s about “Who the hell does this broad think she is?”.

    Signs the agreement and then drags this poor guy thru the mud after he decides he doesn’t want to parent with her.

    What about his leagal fees, what about his life. This female slob thinks jjust because her alarm clock is going off she can literally force him to become a father?

    Is this not his sperm?

    WHat if she wanted a divorce and he sued her to make a child, it’d be laughed off the nightly news, that pig couric would be talking about it for days insisting it’s another male forcing a poor woman toi do something she didn’t want. Waaaaa.

    It really pisses me off he had to defend his rights in court against this pig.

  • Ed

    Oh, one more thought, this slut will simply tell the next male victim she’s on the pill, the guy will believe her and oingo boingo she’ll be pregant. Apparently a “family” ain’t what she really wants.

    Watch out guys, she’s out there looking for you!






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