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  • The couple headed to the state's highest court Wednesday to finally settle the matter.

    The court did not address whether it believed the embryo was considered a human life, but its unanimous decision written up by Justice Gregory D’Auria relied heavily on the storage facility agreement to settle the matter. According to D'Auria, the contract was enforceable, though he would not directly answer the matter of whether the court considered the embryo as a human life.

    “Because we conclude that the parties in this case had an enforceable agreement, we do not decide what a court must do in the absence of an enforceable agreement,” D'Auria wrote. “For example, we leave for another day whether, in the absence of an enforceable agreement, balancing or contemporaneous mutual consent is the appropriate approach, and what the details of such an approach would entail.”

    The court also stated that Goodwin, who had been representing himself throughout the divorce proceedings, had not brought up the issue of preserving life in the initial trial court, so it was therefore not reviewable in his appeal.

    “Whether a pre-embryo is a human being is, at least in part, a question of fact,” the Supreme Court said. “It is certainly not a question an appellate court can determine without some measure of fact-finding.”

divorce