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Texas Supreme Court won't review Denton IVF case over whether embryos are people

Lab staff prepare small petri dishes, each holding several 1-7 day old embryos, for cells to be extracted from each embryo to test for viability at the Aspire Houston Fertility Institute in vitro fertilization lab Tuesday, Feb. 27, 2024, in Houston. Women over 35 and those facing serious diseases like cancer, lupus and sickle cell are among the most likely to turn to IVF to build the families they desperately want. But in Alabama, they are among those whose dreams are in limbo after three of the state's largest clinics paused IVF services.
Michael Wyke
/
AP
Lab staff prepare small petri dishes, each holding several 1-7 day old embryos, for cells to be extracted from each embryo to test for viability at the Aspire Houston Fertility Institute in vitro fertilization lab Tuesday, Feb. 27, 2024, in Houston. Women over 35 and those facing serious diseases like cancer, lupus and sickle cell are among the most likely to turn to IVF to build the families they desperately want. But in Alabama, they are among those whose dreams are in limbo after three of the state's largest clinics paused IVF services.

The Texas Supreme Court denied the petition for review in a Denton mother's appeal for justices to weigh whether embryos are legally children subject to child custody laws.

Denton husband and wife Gaby and Caroline Antoun signed a divorce agreement that said Gaby Antoun would own the embryos the couple conceived via in vitro fertilization as his property.

A trial court and appeals court sided with the husband, but Caroline Antoun appealed to the state's highest civil court. She argued the definition of an unborn child in Texas abortion laws should apply to her and her husband's situation, making it a child custody case.

This story is developing and will be updated.

Copyright 2024 KERA

Toluwani Osibamowo