Whose Egg Is It, Anyway? An Embryo-Custody Battle

She’s desperate to bear a child; he refuses to be the father. While Augusta and Randy Roman duke it out in court, three embryos they created together are on ice. Welcome to the custody battle of the future.

By Louise Farr

The judge announced that she would read her ruling on the embryos at 9:00 the following morning. Augusta was held up in traffic. Millard sidestepped the constitutional issues and the sticky question of when life begins. She treated the embryos as community property, and she awarded them to Augusta. Reitz met Augusta in the hallway, told her the news, and the two women hugged. Then Augusta, weeping, entered the courtroom and repeatedly thanked Judge Millard.
The case was far from over, however. Almost immediately, Randy Roman appealed the court’s ruling. The embryos remain in storage, where they have been ordered kept pending all appeals.

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