FAIRFAX, Va. – A Virginia court has ruled that frozen embryos cannot be classified as property, marking a pivotal decision in a legal battle between a cancer survivor and her ex-husband over custody of the embryos.
The backstory:
Honeyhline Heidemann, a cancer survivor left infertile by treatment, sought custody of two frozen embryos created with her former husband, Jason Heidemann, during in-vitro fertilization (IVF) treatment in 2015.
The couple married in 2012, and had one child before divorcing, leaving the embryos frozen in Virginia.
After their divorce, Honeyhline filed a lawsuit seeking ownership, arguing they were her last chance to have another biological child.
The case moved through Virginia courts for months before Fairfax County Circuit Judge Dontae Bugg ruled against Honeyhline’s request.
In his decision, Judge Bugg stated that human embryos should not be treated as property under Virginia law. He acknowledged that this was a novel legal question for the state, examining how other jurisdictions have addressed similar issues.
While Louisiana law recognizes embryos as human beings and prohibits their classification as property, other states have ruled that embryos are not property but may carry ownership rights due to their potential for human life.
Judge Bugg concluded that Virginia law does not permit embryos to be divided like traditional assets in divorce cases.
“In theory, all of this could’ve been avoided if that property settlement agreement, which allowed a couple to keep those embryos in storage for three years, had been a little tighter when it came to the drafting,” said Amanda Rieman, a Virginia divorce attorney.
Judge Bugg also referenced Virginia’s legal history, noting that before the 13th Amendment abolished slavery, enslaved individuals were considered property. He pointed out that Virginia lawmakers had since removed references to slaves in state law, reinforcing the principle that human beings, including embryos, should not be subject to partition.
Because of their unique nature, Judge Bugg ruled that embryos cannot be equally divided and stated that it is up to lawmakers to clarify Virginia’s legal stance on the issue.
The ruling comes as debates over embryo custody gain national attention. Alabama made headlines last year with a similar case, and legal experts suggest the issue could eventually reach the U.S. Supreme Court.
The Source: Fairfax County Circuit Court
