In a ruling last month, a Virginia judge said frozen human embryos can be legally considered as property, citing a 19th-century law governing the treatment of slaves.

Fairfax County Circuit Judge Richard Gardiner has been criticized over his Feb. 8 preliminary opinion where he defined the frozen embryos of a divorced couple as “goods or chattels.”

“As there is no prohibition on the sale of human embryos, they may be valued and sold, and thus may be considered goods or chattels,” Gardiner wrote in his opinion. 

Gardiner’s decision settled a long-running dispute between a divorced couple, Honeyhline and Jason Heidemann, who have two frozen embryos in storage. Honeyhline Heidemann, 45, wants to use the embryos to conceive but her ex-husband objects.

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Criticism over the ruling

The ruling was condemned by legal experts who said it was unnecessary and wrong for Gardiner to cite a slave code to justify his ruling.

“It’s repulsive and it’s morally repugnant,” said Susan Crockin, a lawyer at Georgetown University’s Kennedy Institute of Ethics and an expert in reproductive technology law

Solomon Ashby, president of the Old Dominion Bar Association, a professional organization made up primarily of African American lawyers, found Gardiner’s ruling troubling. He hopes that the law will progress for modern society.