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Frozen Embryos
FILE - The Fairfax County, Va., Courthouse, is seen, Tuesday, March 7, 2023. A trial is underway in Virginia that will determine whether state law allows frozen embryos to be considered property that can be divided up and assigned a monetary value. Fairfax County Circuit Court Judge Dontae Bugg heard arguments Thursday, May 9, 2024, from a divorced couple who disagree over the ex-wife's desire to use two embryos that they created when they were married. (AP Photo/Matthew Barakat, File)

Virginia judge to decide whether state law considers embryos as property

A judge must decide whether Virginia law allows frozen embryos to be considered property that can be divided up and given a monetary value

By Matthew Barakat
Published - May 09, 2024, 07:33 PM ET
Last Updated - May 27, 2024, 12:59 AM EDT

FAIRFAX, Va. (AP) — A trial is underway in Virginia that will determine whether state law allows frozen embryos to be considered property that can be divided up and assigned a monetary value.

Fairfax County Circuit Court Judge Dontae Bugg heard arguments Thursday from a divorced couple who disagree over the ex-wife's desire to use two embryos that they created when they were married.

Honeyhline Heidemann says the embryos are her last chance to conceive a biological child after a cancer treatment left her infertile. Jason Heidemann, says he does not want to be forced to become a biological father to another child.

The case attracted national attention last year when a different judge, Richard Gardiner, ruled that embryos could be considered “goods or chattel” that could be divided under state law, and his analysis relied in part on a 19th-century law governing the treatment of slaves.

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