Health Law Highlights

Texas Supreme Court Declines Opportunity to Hear Personhood Case

Summary of article from Epstein Becker Green, by Erin Sutton:

The Texas Supreme Court has declined to review the case Antoun v. Antoun, which sought to establish whether frozen embryos are considered persons or property under Texas law. The case arose after a divorce trial awarded the couple’s frozen embryos to the husband, based on their in vitro fertilization (IVF) consent form. The wife argued that under Texas’s total abortion ban, the embryos should be treated as human beings, not property, which would necessitate a different standard for determining “custody”. Despite this, the Court denied the review without comment. The decision may influence future legislation and court decisions regarding the personhood status of embryos, particularly in states with policies recognizing embryos as “unborn children”.