The divorce dispute over frozen embryos in Texas is going to the Texas Court of Appeals. The embryos were created at a fertility clinic using sperm from Randy Roman and eggs from Augusta Roman. Before they were implanted, the couple divorced.

She wants to have a child and has agreed that he will have no financial responsibility and that she will not include his name on the birth certificate. He wants the embryos destroyed.

Some litigants argue that the embryos are children or as one commentator called them, “Microscopic Americans”, and the case should be decided as a child custody case. The Texas divorce judge, however, treated the embryos as property and awarded them to the wife. The husband appealed.