This decision came after a ruling which stated embryos are considered children in the state.
The Texas Supreme Court is considering taking up the question of whether frozen embryos should be treated as people, not property, in a divorce case.– The Texas Supreme Court is considering whether to take up a case that could have Alabama-esque impacts on in vitro fertilization in Texas.
“Now that Roe is no longer law, the Court has the opportunity to reclassify embryos as unborn children rather than property, and to, after far too long, recognize and protect the rights of those unborn children and their parents,” her lawyers, who declined to comment for this story, wrote in their petition for review to the Texas Supreme Court.“It’s a case where two people got together and were planning for their family, and they entered into an agreement,” Wright said.
In the earliest case, the Tennessee Supreme Court ruled in 1992 that frozen embryos were neither persons nor property, but instead were in an “interim category that entitles them to special respect because of their potential for human life.” Without a written contract in place, the court sided with the ex-husband, who wanted the embryos destroyed.
The Antouns married in 2014 and began IVF five years later. They implanted three embryos, resulting in two children and one miscarriage, and three remained frozen. The couple separated in 2021 and divorced in 2022. While they successfully mediated the other aspects of their divorce, including custody of their two children, they ended up going to court over the frozen embryos.
“Because fertilization has occurred, the embryos are unborn children and thus people as Texas defines them,” her lawyers wrote in a brief. “They are unborn children and should be treated as having all the rights and constitutional protections of children.” “If they say that you can’t sign these agreements, then we have a problem,” Wright said. “Because now you're saying that people can't validly contract to create their families, in their own way, with their own choices, and now the state is imposing on decisions that families are making.”that Caroline Antoun’s 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.
“Even if both parties agree that they want the embryos disposed, if they’re a person, can you do that?” she said. “Can you kill your kids? Can you leave them in the freezer, or donate them to research?” “Whatever one’s views are about when life begins, which are deeply held views, I think it’s pretty fair to say that our current legal system as we have it just can’t sustain this kind of change without a complete rethinking of how it works,” Ryan said.
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