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Divorced woman can’t use frozen embryos, Arizona Supreme Court rules

Divorced woman can’t use frozen embryos, Arizona Supreme Court rules

A divorced Arizona woman cannot use her frozen embryos when her ex-husband doesn't want children with her, the state’s highest court ruled last week.

The ruling handed down Thursday relied on a contract signed by the couple before they were married that said if they broke up, they had to agree to have a baby or donate the unused embryos.

"I’ll never know what it feels like to be a mother," Ruby Torres told Nightly News. "I never thought we would get to where we are today."

Torres was diagnosed with cancer in 2014 while she was dating John Terrell. Before starting chemotherapy, Torres decided to undergo in vitro fertilization, or IVF, using donor sperm. Terrell, her boyfriend at the time, agreed to be the donor.

One month later, the couple signed a contract with a fertility clinic. The agreement said that any fertilized eggs would be considered joint property, and both parties would have to agree about what to do with them if the relationship ended.

Four days after signing the contract, Torres and Terrell married. They started IVF shortly afterward and produced seven viable embryos, according to court records.

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