A Peach County woman is asking the state supreme court to give her, not her ex-husband, custody of three embryos.
The state supreme court says Wendy Wilson gave birth to twins through in vitro fertilization. She is appealing a Peach County court ruling awarding the remaining embryos to her husband, who could choose to destroy them or donate them to someone else.
The state Supreme Court is scheduled to hear the case Monday.
According to a court summary, Wilson met Rommel Delgado in 2010 through a Christian dating service. Because she could not conceive naturally, the court says, the couple worked with an Oregon company that fertilized five embryos using his sperm.
Using two of the embryos, Wilson give birth to twins in May 2013.
The couple signed an agreement saying that the three remaining embryos were joint property and if the couple divorced, a court would decide their fate.
Wilson filed for divorce in 2014, and one issue was who would get custody of the three remaining embryos.
According to the court summary, She claimed that she always intended to give birth to them, that they are her children's siblings and that she views them as her "children."
Delgado, however, "said he wanted no more children, even if she released him from any financial or other responsibility."
A Peach County court ruled that the embryos belonged to Delgado because, unlike Wilson, he contributed "biological material" to them.
Wilson's lawyers cite Wilson's beliefs against destroying the embryos. They said she hoped "to carry and birth the children born of these embryos, not be ordered to destroy the budding lives whose existence she orchestrated."
The state Supreme Court is scheduled to hear the case Monday in Atlanta.
Here is the court summary of the case:
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