A judge in Northern Virginia has ruled that embryos are not property that can be divided in a divorce case, challenging a previous court’s interpretation. This decision comes nearly ten months after the case was heard in Fairfax Circuit Court. Judge Dontaè L. Bugg dismissed a lawsuit from Honeyhline Heidemann against her ex-husband, Jason Heidemann, over two frozen embryos they created during in vitro fertilization in 2015.
The couple, who divorced in 2018, had agreed to leave the embryos in storage during their separation. Honeyhline, a cancer survivor, argued that these embryos represented her last chance to have another biological child. In contrast, Jason’s attorney contended that he did not want to be forced into parenthood, even if he was not legally required to raise the child.
The case gained national attention earlier this year when Judge Richard E. Gardiner, who is no longer on the case, referenced outdated slavery-era law in his ruling. Judge Bugg criticized this approach, noting that Virginia lawmakers have since removed references to slavery from state law. He emphasized that human beings, and by extension embryos, should not be treated as property.
Bugg’s ruling comes amid a broader national discussion about the status of embryos and fetuses. Some states have begun to define embryos as "persons" in their laws, while a recent Alabama Supreme Court decision recognized frozen embryos as people.
Before this case, Virginia had little legal precedent regarding the treatment of embryos. Honeyhline’s attorney acknowledged the sensitive nature of the issues involved but indicated that a sweeping legal precedent was not necessary for this case. Honeyhline expressed a desire to have both remaining embryos but was open to a division if necessary.
Jason’s attorney argued against the sale or division of embryos, citing ethical concerns from the American Society for Reproductive Medicine. Judge Bugg noted that there is no legal framework for valuing or trading embryos, highlighting their unique nature.
In his opinion, Bugg stated that if the embryos were implanted, they would not result in the same children, emphasizing their individuality. This ruling reflects a significant moment in the ongoing debate over reproductive rights and the legal status of embryos in America.