Virginia Judge Rules Frozen Embryos Are Property

Facts

• A Virginia judge has ruled that frozen human embryos can legally be considered property, basing his decision on a 19th-century slavery law.¹
• The preliminary opinion, delivered by Fairfax County Circuit Court Judge Richard Gardiner, was part of a long-running dispute between a divorced husband and wife, Jason and Honeyhline Heidemann, over the use of embryos they created when they were married.²
• Jason Heidemann's lawyers said allowing his ex-wife to implant the embryos 'would force him to procreate against his wishes and therefore violate his constitutional right to procreational autonomy.'³
• However, Honeyhline Heidemann's lawyer argued that he would have no legal obligations to parent the children and that she could not conceive biological children as cancer treatments made her infertile.⁴
• In his preliminary judgment — issued last month — Gardiner noted, 'As there is no prohibition on the sale of human embryos, they may be valued and sold, and thus may be considered 'goods or chattels.''⁵
• Gardiner had initially sided with Jason Heidemann — ruling embryos can't be bought or sold — but later changed course after his ex-wife's lawyer requested that he reconsider, saying he erred in his initial judgment.⁶

Sources: ¹Syracuse, ²The national herald, ³Nbc4 washington, ⁴New York Post, ⁵Guardian and ⁶PBS NewsHour.

Narratives

• Narrative A, as provided by PBS NewsHour. It's morally appalling that a judge would use slavery laws to rule on a modern issue such as this one. Previous legal precedent has ruled very differently from Judge Gardiner's opinion, and the fact that he had to go as far back as slavery, which in itself was morally abhorrent, shows that his opinion is wrong.
• Narrative B, as provided by Fairfaxcounty. There's no prohibition on the buying and selling of human embryos. Judge Gardiner is doing his best to inform his legal decision on the matter based on applicable laws, as is his duty. The use of a law established under slavery in Virginia isn't a political or moral ruling but simply a use of limited applicable material.
• Narrative C, as provided by Cleveland. Frozen embryos allow couples struggling with infertility to try to have a child if the initial cycles are unsuccessful. However, this practice presents ethical issues as they could be thawed, destroyed, used for research, or offered for donation. Depending on one’s view of when life begins, frozen embryos may be considered human persons who deserve dignity and respect — a moral dilemma that this ruling fails to address.