Phoenix cancer survivor to appeal judge's order to donate her embryos

The Republic | azcentral.com

Before undergoing treatment for breast cancer, Ruby Torres and her then-fiance agreed in July 2014 to complete in vitro fertilization, a process that created seven frozen embryos. Torres wanted the option to eventually have a child following breast-cancer treatment. After getting a divorce, she lost legal rights to the embyos and warns others about the process.

A Phoenix woman and cancer survivor will appeal a Maricopa County Family Court judge's order that she donate her embryos as part of a divorce settlement.

Ruby Torres said her attorney on Tuesday filed a notice of intent to appeal the case to the Arizona Court of Appeals. She has 30 days to complete and file a brief with the appellate court.

"Every other option or alternative has been closed down," Torres said. "This is probably the only thing that I can do."

Torres is seeking custody of seven frozen embryos that she and her ex-husband shared together.

Torres was diagnosed with an aggressive form of breast cancer in June 2014.

The following month, she married John Joseph Terrell, and the couple signed a contract to undergo in vitro fertilization.

Torres completed treatment, and her regular three-month checks have shown no signs of cancer. However, her husband filed for divorce in August 2016 and told the court he did not want to pursue children with Torres.

Terrell raised concerns about having financial obligations for a child he might not have a relationship with, and he also worried about how a child may affect any inheritance he might receive, according to a dissolution decree filed at Maricopa County Family Court.

According to court documents, Terrell said that he relied upon a "consent provision" that stated neither he nor Torres could use the embryos without the written permission of the other person.

Devastated by the decision

Maricopa County Family Court Judge Ronee Korbin Steiner last month ordered that the embryos be donated to a third-party, such as a fertility bank or another couple.

In making her decision. Steiner cited the contract language and determined that and other evidence favored Terrell's right not to be a parent over Torres' desire to have a biological child.

Torres was devastated by the decision, but she decided to appeal because she believes it's her only chance to have a biological child.

Following cancer treatment, she no longer produces eggs and she is unable to get pregnant.

Since the USA TODAY NETWORK reported on her case, Torres said she has been contacted by a Michigan attorney who has a pending case before the Michigan Supreme Court with similar facts and circumstances. That attorney has offered to share information and legal strategies about that case with Torres, she said.

Based on her conversations with another attorney who specializes in embryo donations, Torres also has concerns that both she and her ex-husband could face down-the-road financial risk.

"Both John and I can be brought to court for child support by whatever family gets our donated embryos," Torres said.

For that reason, Torres believes a more prudent approach may be "embryo adoption," where families who adopt the embryos remain in contact with donors, rather than donation programs that may seek to prohibit contact between adopting families and donors.

Torres said she realizes that she may not be successful in her appeal while incurring costly legal bills, but she said she wants to fight for her own rights and for others who may face similar situations.

Chandler police officer charged with DUI resigns

Officials: Tempe man tried to extort firm by linking to porn