Ga. Supreme Court to hear case involving custody of fertilized embryos


ATLANTA, Ga. -- On Monday, the Georgia Supreme Court will hear a unique case brought by a woman arguing that she should have custody of three embryos fertilized by her now ex-husband's sperm in order to bear more children.

While married, Wendy Wilson, a Warner Robins bakery owner, and Rommel Delgado had five donor eggs fertilized by Delgado's sperm. Two of those eggs were implanted in Wilson's womb and she subsequently gave birth to the couple's twins. The next year, the two divorced.

A Peach County court initially ruled in favor of Delgado. The court held that because he was the "progenitor," or the only party that contributed biological material to the embryos, he had the legal right to the fertilized eggs and could choose to destroy them or donate them to someone else.

However, Wilson appealed that decision to the Georgia Supreme Court, arguing that the court should "move beyond the antiquated views of genetic exceptionalism and recognize that genetic connection should not be the controlling factor in determining parenthood for cases involving the use of assistive reproductive technology."

Wilson's attorneys are asking the court to make a decision that would allow assignment of custody based on the best interest of the child and afford them the opportunity at "full and fruitful lives alongside their genetic siblings in the care of a loving, supportive mother."

On the other hand, Delgado's attorneys argue that Delgado has a constitutional right to not procreate and that Wilson has no right to the embryos because she did not contribute biological material to their fertilization.

The Georgia Supreme Court will hear the case on Monday.

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