A Virginia judge ruled last month that frozen embryos are legally considered property, basing his decision off of a 19th century law regarding the treatment of slaves.
determined that frozen human embryos are legally considered property, using a 19th century law regarding the treatment of slaves as the legal reasoning for his decision.
The ruling from Gardiner, a district court judge for the 19th Judicial District of Virginia, came amid a dispute between a divorced man and woman in which the ex-wife wants to use two frozen embryos the couple created when they were married to conceive another child. Fairfax County Circuit Court Judge Richard Gardiner ruled recently that frozen embryos are legally considered property, using a 19th century law regarding the treatment of slaves as justification for his decision.
But after the ex-wife's lawyer, Adam Kronfeld, asked the judge to reconsider, Gardiner conducted a deep dive into the history of the law. He found that before the Civil War, it also applied to slaves. The judge then researched old rulings that governed custody disputes involving slaves, and said he found parallels that forced him to reconsider whether the law should apply to embryos., Gardiner also said he erred when he initially concluded that human embryos cannot be sold.
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