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When Mimi Lee and Stephen
Findley decided to get married, they immediately faced a dilemma that no couple
prepares for. Diagnosed with cancer in 2010, Lee was told the cancer treatments would likely leave her infertile. The couple decided to
have their fertilized embryos frozen so that they would be able to conceive
Five years later, Lee is now a
cancer survivor, but their marriage did not survive the horrific ordeal. The
couple faces yet another life-altering battle as Lee sues for custody of the frozen
embryos, while her ex-husband wants them to be destroyed.
Before the fertilization procedure, the couple signed a directive that said the embryos would be destroyed if the
couple were to divorce. Lee has had second thoughts as she faces a personal
dilemma, realizing that this may be her only opportunity to have biological
Lee and Findley are now
involved in a monumental court battle that some believe
will set a precedent for the way fertility clinics operate. The trial, which began
Monday at the San Francisco County Superior Court, will determine if directives
like the one Lee and Findley signed are enforceable.
A signed agreement to destroy the
embryos may seem to be enough of a directive to toss this case out of court, but
Lee's attorney argues that they signed a medical consent form, which should not
be legally binding.