A Missouri appellate court has ruled that a divorced man and woman must have the other's consent before using embryos they had frozen and stored when they were married.

The Missouri Court of Appeals' ruling Tuesday, by a 2-1 decision, upholds a St. Louis County judge's 2015 conclusion that Jalesia McQueen and Justin Gadberry maintain joint custody of the embryos. The appellate court found that the embryos frozen since 2007 are marital property and not human beings with constitutional rights.

Forty-four-year-old McQueen sued to be able to use the embryos to have more children. Thirty-four-year-old Gadberry doesn't want to have any more children with McQueen and doesn't believe he should be required to reproduce.

Messages left Wednesday with attorneys for McQueen and Gadberry were not immediately returned.