Judge finds frozen embryos are not divisible property in cancer survivor’s case against ex-husband

A judge finds that Virginia law does not consider frozen embryos to be property that can be divided up in a partition lawsuit. The Fairfax County judge heard arguments last spring from a divorced couple who disagree over the ex-wife’s desire to use two frozen embryos the couple created during their marriage. The ex-wife said during the trial the embryos were her last chance to conceive a biological child after a cancer treatment left her infertile. Her ex-husband says he did not want to become a biological father against his will. The case attracted attention last year when another judge invoked Virginia’s antiquated slavery laws to issue a preliminary ruling over the embryos’ status as property.

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