A Virginia judge has ruled that frozen embryos can legally be considered property, based partly on a 19th century law governing the treatment of slaves.
FAIRFAX, Va. — Frozen human embryos can legally be considered property, or “chattel,” a Virginia judge has ruled, basing his decision in part on a 19th century law governing the treatment of slaves.
Solomon Ashby, president of the Old Dominion Bar Association, a professional organization made up primarily of African American lawyers, called Gardiner’s ruling troubling.Gardiner did not return a call to his chambers Wednesday. His decision, issued last month, is not final: He has not yet ruled on other arguments in the case involving Honeyhline and Jason Heidemann, a divorced couple fighting over two frozen embryos that remain in storage.Initially, Gardiner sided with Jason Heidemann.
Crockin said she’s not aware of any other judge in the U.S. who has concluded that human embryos can be bought and sold. She said the trend, if anything, has been to recognize that embryos have to be treated in a more nuanced way than as mere property. Neither of the Heidemanns’ lawyers ever raised the slavery issue. They did raise other arguments in support of their cases, however.
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Judge uses a slavery law to rule frozen embryos are propertyA Virginia judge has ruled that frozen embryos can legally be considered property, based partly on a 19th century law governing the treatment of slaves.
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