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.
The case also comes as reproductive rights activists have expressed alarm over a ruling from the Alabama Supreme Court that foundHoneyhline Heidemann's suit was brought under a partition statute that governs the division of property between interested parties. One of the things a judge must consider when evaluating such cases is a person's “right to procreational autonomy.” In this case, Patterson said, her client has a strong interest in avoiding procreating against his will.
Because there are two embryos, he added, the judge has an easy means of dividing up the property: Award one embryo to each party.
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