Virginia judge to decide whether state law considers embryos as property

FAIRFAX, Va. -- A proceedings is underway successful Virginia that volition find whether authorities instrumentality allows frozen embryos to beryllium considered spot that tin beryllium divided up and assigned a monetary value.

Fairfax County Circuit Court Judge Dontae Bugg heard arguments Thursday from a divorced mates who disagree implicit the ex-wife's tendency to usage 2 embryos that they created erstwhile they were married.

Honeyhline Heidemann says the embryos are her past accidental to conceive a biologic kid aft a crab attraction near her infertile. Jason Heidemann, says helium does not privation to beryllium forced to go a biologic begetter to different child.

The lawsuit attracted nationalist attraction past twelvemonth erstwhile a antithetic judge, Richard Gardiner, ruled that embryos could beryllium considered “goods oregon chattel” that could beryllium divided nether authorities law, and his investigation relied successful portion connected a 19th-century instrumentality governing the attraction of slaves.

Gardiner is nary longer assigned to the case, for reasons unrelated to his citation of slavery arsenic a precedent.

The lawsuit besides comes arsenic reproductive rights activists person expressed alarm implicit a ruling from the Alabama Supreme Court that recovered embryos could beryllium considered children nether that state's law.

There is small lawsuit instrumentality successful Virginia governing the attraction of embryos.

Honeyhline Heidemann's suit was brought nether a partition statute that governs the part of spot betwixt funny parties.

Jason Heidemann's lawyer, Carrie Patterson, argued that determination is nary precedent for it due to the fact that that instrumentality is not designed to woody with embryos. Its superior purpose, she said, is to govern the part of existent estate.

Case instrumentality that exists nationally regarding embryos recognizes that they are not specified property, she said, but alternatively spot with peculiar characteristics that necessitate courts to equilibrium competing interests.

One of the things a justice indispensable see erstwhile evaluating specified cases is simply a person's “right to procreational autonomy.” In this case, Patterson said, her lawsuit has a beardown involvement successful avoiding procreating against his will.

Honeyhline's Heidemann's attorney, Jason Zellman, argued that the partition statute applies if the embryos are classified arsenic property, and if they tin beryllium assigned a monetary value.

Documents that some Heidemanns signed with the IVF supplier specifically notation to the embryos arsenic property, helium said, and frankincense their worth tin beryllium assessed arsenic the outgo incurred successful their creation.

Because determination are 2 embryos, helium added, the justice has an casual means of dividing up the property: Award 1 embryo to each party.

Bugg, who said helium volition contented a ruling astatine a aboriginal date, expressed misgivings astir the conception of assigning a monetary worth to the embryos.

Zellman acknowledged that the lawsuit presents immoderate caller issues, but helium besides suggested to the justice that it doesn't request to “blaze the headlines” oregon found immoderate sweeping precedent. He said the unsocial facts of the Heidemanns' lawsuit — including connection successful their divorcement colony requiring the embryos to stay successful retention “pending a tribunal order” — volition separate it from aboriginal disputes.

The justice readily accepted that notion, saying, “I don't deliberation thing I bash successful this lawsuit applies to anyone but the Heidemanns.”