Judge orders cancer survivor to donate embryos created with ex-husband

PHOENIX - An ugly divorce is splitting more than just a marriage for one Valley woman.

A judge's ruling means Ruby Torres is possibly losing the only chance she has to have her own children.

"I want to give a child the world and everything that they don't have. I know I can do that,” said Torres.

It all started three years ago when Torres received word that she had breast cancer. She said the diagnosis made her reevaluate her life.

As a result, before undergoing chemotherapy, she wanted to try in-vitro fertilization as a last-chance effort to have children in the future. Her then-boyfriend agreed. Eventually, they were able to create and freeze several embryos.

"I wanted the opportunity to have a child. Because I knew the risk and what the research was telling me. I opted to create the embryos,” Torres told us.

Torres and her boyfriend got married, and she responded well to the cancer treatments.

Unfortunately, as Torres’ health improved her relationship crumbled. The couple has since divorced. Now the biggest decision in her life wouldn’t be made by a doctor but instead a judge.

The embryos became a point of contention in the divorce proceedings. Torres' ex-husband wanted the embryos to be thrown out. She wanted to preserve them. A clause in the contract they signed before IVF complicated the matter.

"The last clause was for divorce and we both opted to preserve them. They would either go to him or go to me if we could come to an agreement or they would be given up for donation,” Torres explained.

The two couldn’t come to an agreement. So the judge was forced to make a decision and ruled the embryos would be donated.

"The embryos were my only chance at having a biological child,” said Torres.

We spoke with the attorney for Torres’ ex-husband. She told us that he agrees with judge’s decision.

Torres has 30 days from the final decree to appeal. She hasn’t decided yet if she will. Right now, she’s simply trying to piece together all of her options.

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