HOUSTON -- A divorced couple's battle over frozen embryos is headed to the Texas Supreme Court, KPRC Local 2 reported Wednesday.

Augusta and Randy Roman froze three embryos during years of infertility treatments that they went through during their marriage.

Their doctor was able to extract 13 eggs from Augusta Roman's ovaries. Randy Roman backed out of the procedure about 10 hours before the embryos were going to be implanted, Augusta Roman said.

The couple signed a contract stating that the embryos would be discarded if they should ever get divorced, but Augusta Roman said she wants them.

"To me, they're my children, my last chance of having my own children," Augusta Roman said.

Randy Roman's attorney said his client is standing firm on the contract he signed.

"He agreed to try fertility treatments in the course of a marriage with a woman he loved to bring a child into a marriage, not to bring a child to a divorced couple," attorney Greg Enos said.

Augusta Roman, 47, is from a large family and said she does not expect anything from her ex-husband.

"I don't see any reason why anyone would want to destroy them and deny me that chance, as a human being, to have my own family," Augusta Roman said.

Enos said Augusta Roman has other options for conceiving and should be focusing on them instead.

"Almost four years ago, when we had the trial, the doctor testified that she had less than a 10 percent chance of successfully using those frozen embryos to have a child," Enos said. "At that same time, the doctor said there was about a 70 percent chance of using her own eggs and an anonymous sperm donor to have a child."