Texas Supreme Court denies case that could have imperiled IVF

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The justices allowed a lower court’s opinion to stand, and, for now, sidestepped the question of whether a frozen embryo has the same rights as a living child.

We’re testing using AI-powered tools to provide an audio version of this story. While this audio recording is machine-generated, the story was written by human journalists.The Texas Supreme Court has declined to take up a major in vitro fertilization case that could have potentially upended access to the procedure.

While doing IVF, the couple signed a contract saying that in case of divorce, the embryos would go to Gaby Antoun, the husband. At a hearing on June 29, 2022, a judge upheld that contract and awarded him the embryos. The court disagreed, and Caroline Antoun appealed. The 2nd Court of Appeals in Fort Worth ruled that her arguments were “a classic example of taking a definition out of its legislatively created context and using it in a context that the legislature did not intend.”

Her ex-husband, Gaby Antoun, was pleased with court’s decision. “I’m happy I can finally focus on my family and the future of my kids and these embryos.” The Texas courts waded into the issue in 2006, when a man named Randy Roman wanted his frozen embryos destroyed, as was delineated in the contract he and his ex-wife signed before beginning the process. His ex-wife wanted to use the embryos.

 

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