Randy and Augusta Romans divorced in 2002 before the embryos could be implanted. What followed is a bizarre battle over the tiny lives. The Texas Supreme Court may soon decide who gets control. David Prentice of the Family Research Council says one thing the court will likely not be able to consider is what’s best for the embryos.

“Under Texas law, these embryos aren’t recognized as persons, just as pieces of property.”

But don’t blame the court. Bruce Hausknecht of Focus on the Family Action says it has very little choice since Texas has no law defining the legal status of these very young lives.

“In this case, it’s not that the courts have bypassed their responsibility here. They need direction from the legislature, from the people. The people control the definition of life.”

Only one state, Louisiana, has a law that recognizes the personhood of a frozen embryo.

“All 50 states should do what Louisiana has done and that is define an embryo as a ‘juridical person.’”

Jonathan Saenz of the Free Market Foundation agrees; other states need to catch up.

“Human life is under attack in so many ways and it’s unfortunate that you have to spell out so specifically in law things that I think people realize and are generally accepted, but that’s what we’ve come to.”

To date there is no organized movement to shepherd these law though state houses.