San Francisco judge to decide case over frozen embryos

SAN FRANCISCO (KGO) -- A divorced couple's courtroom battle over frozen embryos has reached the final stages. A judge in San Francisco will decide the case.

Doctor Mimi Lee and her husband froze the embryos five years ago. They divorced and now Lee, a 46-year-old, wants the embryos implanted into a surrogate.

Her ex-husband Stephen Findley wants them destroyed.

Lee's attorney believes she has an advantage.

"We think that because Mr. Findley retains the ability to have children with someone else and Dr. Lee does not have the ability to have her own children that that will tip the scale in her favor."

The couple signed a consent form directing that the embryos be destroyed if they divorced. Lee is expected to testify tomorrow when it's up to the judge to decide.