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Keywords

appealtrialdivorce
appealtrialdivorce

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Roman v. Roman, 193 S.W.3d 40

Facts

Randy and Augusta Roman married in 1997 and underwent various fertility treatments, including in vitro fertilization (IVF), which resulted in the creation of six embryos. They signed an 'Informed Consent for Cryopreservation of Embryos' agreement that specified the embryos would be discarded in the event of divorce. After filing for divorce in 2002, the trial court awarded the embryos to Augusta, leading Randy to appeal the decision.

Randy and Augusta Roman married in 1997 and underwent various fertility treatments, including in vitro fertilization (IVF), which resulted in the creation of six embryos.

Issue

The main legal issue was whether the trial court erred in awarding the frozen embryos to Augusta despite the prior agreement to discard them in the event of divorce.

The main legal issue was whether the trial court erred in awarding the frozen embryos to Augusta despite the prior agreement to discard them in the event of divorce.

Rule

The court held that parties may voluntarily decide the disposition of frozen embryos in advance of cryopreservation, and such agreements are valid and enforceable.

The court held that parties may voluntarily decide the disposition of frozen embryos in advance of cryopreservation, and such agreements are valid and enforceable.

Analysis

The court analyzed the embryo agreement and determined that it clearly stated the embryos were to be discarded in the event of divorce. The court emphasized that the parties had voluntarily entered into this agreement and had not withdrawn their consent prior to the divorce proceedings. The trial court's decision to award the embryos to Augusta was found to be inconsistent with the terms of the agreement.

The court analyzed the embryo agreement and determined that it clearly stated the embryos were to be discarded in the event of divorce.

Conclusion

The Court of Appeals reversed the trial court's decision and remanded the case, affirming the validity of the embryo agreement and the parties' right to determine the disposition of the embryos.

The Court of Appeals reversed the trial court's decision and remanded the case, affirming the validity of the embryo agreement and the parties' right to determine the disposition of the embryos.

Who won?

Randy Roman prevailed in the appeal because the Court of Appeals found that the trial court had erred in not enforcing the embryo agreement that mandated the embryos be discarded in the event of divorce.

Randy Roman prevailed in the appeal because the Court of Appeals found that the trial court had erred in not enforcing the embryo agreement that mandated the embryos be discarded in the event of divorce.

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