This section contains the nature of the case and procedural background.

Mary (W) and Lewis (H) decided to divorce and agreed upon all issues except one; what to do with the frozen embryos! W wanted them as she desired to bear H's children after the divorce. H objected as he was not decided on whether he wanted to become a parent outside the bounds of marriage. The trial court determined that embryos are human beings and awarded custody to W and directed that she be permitted the opportunity to bear the children. The court of appeals reversed; H has a constitutionally protected right not to beget a child when no pregnancy had taken place and that there is no compelling state interest to order the implantation upon the disagreement of one of the parties. The Supreme Court of Tennessee granted review.

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