When it comes to splitting up community property in the wake of a divorce, usually it is the material things that come to mind.

Things like cars and homes. But what about three frozen embryos conceived in a Clear Lake fertility clinic roughly five years ago?  

Augusta Roman, 46, says it was her last hope for bearing children. Mere hours before the embryos were to be implanted in her womb her husband Randy withdrew his consent, citing marital problems. 

“I don't have any eggs to be harvested any more,” said Roman.

They had the embryos frozen while they tried to work things out. Months later, their marriage ended in divorce.

“These people signed an explicit contract with the fertility clinic that said in the event of divorce they would discard any frozen embryos, and then they agreed to freeze them,” said Greg Enos, the attorney for Randy Roman. “And now she doesn't want to go by that.”

Augusta says she has withdrawn consent as well. Consent to have the embryos discarded.

The battle is working its way through the courts.

“So when both parties have given consent, and both parties withdraw consent. There really is no agreement,” said Augusta’s attorney Becky Reitz.

This case isn't just about Randy or Augusta Roman. There are nearly half a million frozen embryos stored in facilities nationwide using the same kind of contract.

But contracts aside.

“To destroy what we, or at least I put my whole hope on, to destroy them is wicked,” said Augusta.

Her ex-husband's attorney says to not destroy them is to render contracts with fertility clinics around the country worthless.

The case is currently before the Texas Supreme Court and there is a chance it could find its way into the federal court system and the U.S. Supreme Court.