Frozen Embryos Spark Legal Battle: Patterson Prevails

A judge in Northern Virginia has ruled that embryos are not property subject to division, rejecting a prior court analysis that likened fertilized eggs to divisible “goods or chattel” under 19th-century slave law. Nearly 10 months after closing arguments, Fairfax Circuit Court Judge Dontaè L. Bugg issued an opinion dismissing cancer survivor Honeyhline Heidemann’s partition lawsuit against her ex-husband, Jason Heidemann—a legal action typically used between property co-owners. The dispute centered around two embryos the couple froze during a 2015 in vitro fertilization cycle and chose to keep in storage when they divorced three years later.

Congratulations to attorney Carrie Patterson, for securing a significant legal victory in a complex and emotionally charged case. Their skilled representation of Jason Heidemann led to a groundbreaking ruling in Fairfax Circuit Court, where the judge determined that embryos are not divisible property under Virginia law. This outcome not only reflects Patterson’s dedication and legal expertise but also sets an important precedent for future cases involving reproductive rights and property law.

https://www.washingtonpost.com/dc-md-va/2025/03/15/frozen-embryo-fairfax-heidemann-lawsuit/

https://apnews.com/article/frozen-embryos-virginia-court-case-ivf-664408720f81634d5705f972472787be

https://www.courthousenews.com/virginia-judge-human-embryos-are-unique-and-cant-be-partitioned/