Texas Court Upholds Rights to Frozen Embryos in Divorce Case

In a landmark ruling, the Second Appellate District of Texas at Fort Worth has upheld the rights to frozen embryos in a divorce case. The case involved Gaby Elias Antoun and Caroline Michelle Antoun, who had undergone in vitro fertilization (IVF) treatment during their marriage and had cryogenically preserved embryos stored.

The couple had signed a document with the Dallas Fertility Center, LLC, which stated that in the event of a divorce, the embryos would be at the disposition of the husband. The wife challenged this agreement in court, arguing that the embryos should be considered “unborn children” and not property.

However, the court ruled that the agreement met the requirements for an enforceable contract and that the terms clearly set out the intent of the parties regarding their mutual rights and responsibilities. The court also held that the cryogenically preserved fertilized embryos are not “unborn children” for purposes of this proceeding.

This ruling is significant as it sets a precedent for future cases involving the rights to frozen embryos in divorce proceedings. The court’s decision aligns with a previous ruling in Roman v. Roman, which also upheld the enforceability of a similar agreement.