ROMAN V. ROMAN: THE CASE OF EMBRYO CUSTODY IN TEXAS
In the emotionally and legally complex case of Roman v. Roman, Houston attorney Rebecca Lynn Reitz stood at the center of one of Texas's most pivotal reproductive rights cases. With compassion, sharp legal insight, and unrelenting advocacy, Reitz represented Augusta Roman in a case that reached the nation's highest courts and sparked a lasting conversation around IVF, consent, and contractual justice.
Augusta and Randy Roman married in 1997 and pursued in vitro fertilization (IVF) after fertility struggles. In 2002, they created and froze three viable embryos. As part of their treatment, both signed consent agreements stating that if the couple divorced, the embryos would be discarded unless both later agreed otherwise.
When Randy abruptly withdrew his consent to proceed with implantation just before the scheduled procedure and later filed for divorce, Augusta turned to the courts in a profoundly personal battle to keep and use the embryos.
Representing Augusta Roman, Rebecca Lynn Reitz of Gay & Reitz, brought clarity, conviction, and legal precision to a case that was as ethically complex as it was emotionally raw. Reitz didn't just argue that the laws humanized her client's position in front of the court and media, fiercely advocating for Augusta's right to become a parent on her terms.
In interviews, Reitz spoke openly about her client's heartbreak and determination. She framed Augusta's pursuit not as defiance, but as devotion —a woman's deep desire to carry the child she had helped create.
Although a trial court initially sided with Augusta, the Texas Court of Appeals reversed the decision, enforcing the original consent agreement to discard the embryos. Despite the loss, Reitz pushed forward, taking the fight to the Texas Supreme Court and petitioning the U.S. Supreme Court for review. While higher courts ultimately declined to hear the case, Reitz's unwavering efforts helped raise national awareness and placed a powerful spotlight on the importance of legal safeguards in reproductive technology.
Rebecca Reitz's advocacy in Roman v. Roman left a mark far beyond the courtroom as she challenged the rigidity of contract law in the face of evolving personal and ethical realities, gave a voice to women navigating IVF at a time when few legal precedents existed, and brought empathy to family law, showing what it means to advocate with both strategy and soul. Behind the headlines was the work of an attorney who refused to give up on her client when the courts did. Rebecca Lynn Reitz's role in this case stands as a testament to the power of compassionate advocacy and fearless legal representation.
