Judge finds frozen embryos are not divisible property in cancer survivor's case against ex-husband

FILE - The Fairfax County, Va., Courthouse, is seen, Tuesday, March 7, 2023.

Matthew Barakat/AP

FAIRFAX, Va. (AP) — A bluish Virginia justice determined embryos are not spot that tin beryllium divided up, rejecting a erstwhile investigation by the tribunal saying specified fertilized eggs could beryllium considered divisible “goods oregon chattel” based connected 19th-century enslaved law.

Nearly 10 months aft closing arguments, Fairfax Circuit Court Judge Dontaè L. Bugg wrote successful an sentiment missive earlier this period that helium would disregard a crab survivor’s partition suit against her ex-husband — a ineligible enactment that 1 spot proprietor tin instrumentality against another. The erstwhile wife, Honeyhline Heidemann, sued Jason Heidemann implicit entree to 2 embryos they froze during a 2015 rhythm of successful vitro fertilization but agreed to permission successful retention during their divorcement 3 years later.

In the seat trial, Honeyhline Heidemann testified the embryos were her past accidental to conceive different biologic kid aft a crab treatment. Jason Heidemann's lawyer argued helium did not privation to go a biologic begetter to a kid by force, adjacent if helium wasn't required to beryllium a parent.

The quality attracted nationalist attraction successful 2023 erstwhile Judge Richard E. Gardiner — who is nary longer assigned to the lawsuit for unrelated reasons — referenced slavery-era instrumentality erstwhile overruling Jason Heidemann’s pleading that the state’s partition statute did not see the embryos. Bugg wrote successful his March 7 missive that helium took contented with Gardiner’s reliance connected authorities instrumentality predating the transition of the 13th Amendment of the U.S. Constitution abolishing slavery.

Bugg wrote that Virginia lawmakers person since 1865 removed references to slavery to “excise a lawless blight from the Virginia Code, the instauration of slavery applicable to chap citizens, which removal supports that quality beings, and by hold embryos they person created, should not arsenic a substance of legislative argumentation beryllium taxable to partition.”

Bugg’s dismissal of the lawsuit comes during a increasing nationalist statement connected whether fetuses are human. Seven states person defined embryos, fertilized eggs oregon fetuses arsenic a “person,” “human being” oregon “another” successful their homicide code, according to Pregnancy Justice’s unpacking fetal personhood study from past September.

In 2024, the Alabama Supreme Court ruled that frozen embryos are people.

And aboriginal that year, U.S. Senate Republicans blocked authorities that would marque it a close nationwide for women to entree successful vitro fertilization and different fertility attraction aft then-Senate Majority Leader Chuck Schumer forced a ballot connected the issue.

Before this trial, determination was small lawsuit instrumentality successful Virginia governing the attraction of embryos.

Jason Zellman, Honeyhline Heidemann’s attorney, acknowledged successful tribunal that the lawsuit touched connected delicate issues, but helium besides suggested Bugg didn’t request to found immoderate sweeping precedent. Honeyhline Heidemann, who had a girl with Jason Heidemann done the aforesaid successful vitro cycle, besides testified that she hoped to get some remaining frozen embryos, but would besides judge if Bugg separated the fertilized eggs betwixt her and the erstwhile husband.

Carrie Patterson, Jason Heidemann's attorney, argued the justice should not reason that embryos could beryllium sold oregon divided. Although Virginia courts person the powerfulness to nonstop the merchantability of property, Patterson besides referenced that the American Society for Reproductive Medicine had deemed the merchantability of fertilized eggs unethical.

Bugg wrote determination was nary lawsuit instrumentality suggesting fertilized eggs should beryllium valued, bought oregon sold — nor did helium person grounds determination would beryllium a mechanics to transportation retired specified a process fixed embryos' nature.

“It is evident that these 2 quality embryos, if implanted and carried to term, would not effect successful the aforesaid 2 people,” helium wrote. “In fact, the embryos are arsenic unsocial arsenic immoderate 2 radical that whitethorn beryllium selected from the population, including siblings with the aforesaid biologic parents.”

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Olivia Diaz is simply a corps subordinate for The Associated Press/Report for America Statehouse News Initiative.