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Infertile Woman Loses Fight Over Frozen Embryos

Mimi Lee, 46, and her ex-husband Stephen Findley froze five fertilized embryos shortly before they married in 2010 and after she was diagnosed with breast cancer. In addition, the couple signed an agreement that the embryos would be discarded after they divorced--they ended their marriage in 2013. Lee survived cancer, but she is now infertile.

She took her ex-husband to court in hopes to keep her frozen embryos. She pleaded that this was her "last chance" to have children.

Although, the judge ruled on Wednesday in Findley's favor, who wanted the eggs destroyed. San Francisco Superior Court Judge Anne-Christine Massullo said, "The court holds that while Lee might have a right to procreate in other circumstances not before the court, she does not have a right to procreate with Findley."

The couple used Lee's eggs and Findley's sperm to create five frozen embryos when they were still a couple and unsure of Lee's breast cancer diagnosis would leave her infertile.

Lee said she signed the agreement in haste, not considering whether it was a binding contract. Findley argued that they both read the consent forms before signing. Findley also accused Lee of trying to extort $1 million to $2 million an embryo from him. He added that he did not want children now due to the contentious relationship with his ex-wife.

Photo: SF Chronicle

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