Missouri court: embryos conceived through IVF are property, not children

A Missouri court has ruled that two embryos conceived through in-vitro fertilization are marital property, not children, and that both parties to a divorce must consent to their implantation.

The embryonic children of Justin Gadberry, now 34, and Jalesia McQueen, now 44, were frozen in 2007 while the two were married. 

McQueen wants the embryos to be implanted in her womb; her ex-husband wants them destroyed or used for research.

The court’s majority accepted Gadberry’s contention that he has a “right not to procreate.”

Judge James Dowd dissented, writing, “Missouri law makes one thing abundantly clear: the two embryos at issue in this case are human beings with protectable interests in life, health and well-being.”