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August 06, 2015 02:00 PM

Dr. Mimi Lee, 46, and Stephen Findley are going to court to settle the argument surrounding what will happen to their five frozen embryos now that the couple has divorced.

The couple signed a medical consent form when they froze the embryos in 2010 when they were engaged, according to ABC News. The documents stated that the embryos would be destroyed if the couple divorces.

The woman’s attorney said it is technically not a binding contract and Lee is fighting to have the embryos implanted into a surrogate.

Lee, who was diagnosed with breast cancer around the time of their engagement, told the news outlet that her battle with cancer was “the hardest thing I’ve ever done.”

“I stayed focused on my babies and knowing that I’m their mom and I would do anything for them and that really got me through,” she said.

While testifying at a trial in San Francisco Superior Court, Findley said he fears Lee will manipulate the situation for money, according to the LA Times.

A judge is set to make a decision on the embryos’ fate in November of this year.

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