Woman Vows to Appeal Texas Frozen Embryo Case of Roman v. Roman To U.S. Supreme Court

Roman v. Roman started as a Texas divorce case involving the disposition of embryos that had been frozen by the couple prior to filing the divorce action.  The trial court considered the embryos “property” and awarded them to Augusta Roman who wanted to have them implanted in her after the divorce.  Randy Roman did not want to have children with a woman who hated him and he appealed.  The Texas appellate court ruled in his favor in part because the party has signed a contractual agreement at the time the embryos were created that in the event of divorce, the would be destroyed.  Augusta Roman then appealed to the Texas Supreme Court who refused to hear the case.

This author/attorney had hopes that perhaps Ms. Roman would decide to leave well enough alone particularly since it is highly unlikely that the U.S. Supreme Court will want to hear this case because of the very clear fact that these issues are a states right to regulate and the practical fact that at 47, Ms. Roman only has a 10% chance of being able to bring the embryos to term and this percentage decreases with every passing day.  However, on last night’s  CNN news show: Anderson Cooper, Ms. Roman indicated that her attorney is working on a brief to the U.S. Supreme Court.  It is clear that so long as she and her attorney continue to receive publicity about this case- it will fuel Ms. Roman’s litigious nature, and her attorney’s thirst for fame despite the pain and expense this is causing her ex-husband.  Or perhaps it is because of it.

 For Randy Roman, this is not an issue of avoiding parental rights or child support.  He has vowed to support and be a part of any children regardless the outcome.   Mr. Roman apparently must protect his moral, ethical and legal right not to be forced to father children against his will until the bitter legal end.  The public at large should remember that although this case is unique and has become a legal fascination, it is also a personal tragedy for Mr. Roman- and undoubtedly for Ms. Roman as well.  I hope for Mr. Roman (and Ms. Roman too) that this case will end as quickly as possible so he can move on with life. 

Texas Supreme Court Denies Rehearing In Roman Embryo Case

On October 12, 2007, the Texas Supreme Court denied a request by Augusta Roman to reconsider the Court’s decision in the case of Roman v. Roman which involves how frozen embryos should be divided in Texas Divorce Cases. 

The Texas Supreme Court had previously refused to hear Augusta Roman’s appeal of a lower court’s decision which said the frozen embryos would not be awarded to her in a Texas divorce.  A refusal to hear a case is the legal equivalent of upholding the lower court’s decision.

Randy Roman and Augusta Roman created and froze the embryos due to difficulties they had in having children.  While still frozen, the embryos became part of a highly contested court case when Randy and Augusta decided to divorce prior to the embryos being implanted.  The trial judge awarded the embryos to the wife in the divorce, who wanted to have them implanted even though the husband did not want children born out of wedlock.  However this ruling was reversed on appeal because the parties had signed an agreement at the time of the embryos’ creation that the embryos would be destroyed in the event of divorce.

Under the rules of the Texas Supreme Court, the Court will NOT consider a second motion for rehearing. Therefore, Augusta has exhausted all her options for appeal on the state level and the decision that she will be denied the embryos stands. 

There is no word yet as to whether Augusta Roman plans to file with the U.S. Supreme Court.