Judge uses a slavery law to rule frozen embryos are property

[In It to Win It]

https://news.yahoo.com/virginia-slave-laws-inform-judges-181608343.html

FAIRFAX, Va. (AP) — Frozen human embryos can legally be considered property, or “chattel,” a Virginia judge has ruled, basing his decision in part on a 19th century law governing the treatment of slaves.

The preliminary opinion by Fairfax County Circuit Court Judge Richard Gardiner – delivered in a long-running dispute between a divorced husband and wife – is being criticized by some for wrongly and unnecessarily delving into a time in Virginia history when it was legally permissible to own human beings.

Gardiner did not return a call to his chambers Wednesday. His decision, issued last month, is not final: He has not yet ruled on other arguments in the case involving Honeyhline and Jason Heidemann, a divorced couple fighting over two frozen embryos that remain in storage.

Honeyhline Heidemann, 45, wants to use the embryos. Jason Heidemann objects.

Initially, Gardiner sided with Jason Heidemann. The law at the heart of the case governs how to divide “goods and chattels.” The judge ruled that because embryos could not be bought or sold, they couldn't be considered as such and therefore Honeyhline Heidemann had no recourse under that law to claim custody of them.

[gratuitous]

1. It is no longer legal to own human beings

But should these embryos be considered human beings?

[Hestia]

2. No, they are not. Really, really make sure you actually want to stay with the spouse

when you fertilize embryos or make a codicil that all embryos are to be destroyed upon divorce with NO judge shopping allowed nor child support. What child would want to be brought into the world with parents like these?