Augusta Roman is literally in a fight for life. A fight for the lives of three embryos that sit inside a fertility clinic. Created by Roman and her former husband, Randy, during happier times, the embryos became the center of a custody battle after Randy changes his mind the night before the embryos were to be implanted.

"He has had doubts about the marriage, that, as the head of household, he would make the decision about when we go forward with implantation," says Augusta.

Randy filed for divorce. He said he wanted the embryos destroyed. But Augusta wanted to move forward and become a mom. A Houston court ruled in her favor. An appeals court overturned the case they had signed a statement allowing the frozen embryos to be destroyed in case of divorce. But Augusta and her attorney say the contract was referring to remaining embryos that would be frozen after the initial in vitro procedure.

"I wouldn't have gone through everything I went through. I put my life in danger to have children, just to turn around and sign them off like that," says Augusta.

The number of debates about frozen embryos in this country is growing. Pro-life supports say the embryos should be saved. But some state supreme courts have ruled that both parents must consent to parenthood before the embryos can be implanted.

"If Augusta and Randy had just had sex and she got pregnant, she could have the baby without his consent," says Augusta's attorney, Becky Reitz.

Augusta is waiting to see if the state's highest court will hear the case. It if refuses, the eggs and her hopes of becoming a parent will be destroyed.