"Modern Family" actress Sofia Vergara has been in a long legal battle against her former partner Nick Loeb. Their unique custody case in relation to two frozen embryos could affect American family law.
In a happier time, Sofia Vergara and Nick Loeb agreed to procreate via in-vitro fertilization and surrogacy. They produced two embryos, which were named "Emma" and "Isabella." According to The Wrap, the embryos have been entrusted to James Charbonnet.
But Sofia Vergara and Nick Loeb were not able to use the embryos. The then-couple agreed to freeze this and also signed a deal where one party won't be able to use the embryos without the consent of the other.
Since their split, Nick Loeb has been asking the courts to grant him the right to use the embryos, but Sofia Vergara has been blocking the requests. Now, the embryos are suing the actress for disallowing Emma and Isabella to develop as intended.
The lawsuit alleged that Emma and Isabella are being prevented by their "mom" Sofia Vergara from entrusting them to their "father" Nick Loeb. The latter is apparently "willing and desirous that they be born and become eligible to receive their inheritance," as stated in the lawsuit, according to New York Daily News.
.@SofiaVergara sued "by her own frozen embryos" for allegedly depriving them of their inheritance - US media https://t.co/E3zFIB8Hq6 pic.twitter.com/AfT5t8bnWs
— BBC News (World) (@BBCWorld) December 8, 2016
The charges were filed in Louisiana. The ex-couple apparently split in this state and for a time, the actress spent months filming a movie there. But the state is also the one place in America that recognizes human embryos' right to sue, according to Louisiana's 1986 health laws.
This unique case is one that family lawyers have not encountered and it might be a precedent of other family disputes. But according to experts who spoke with the Daily Beast, the case will not be easily decided. "The court will have to ask 'What does Vergara do in Louisiana that makes it fair to drag her back here?'" law professor Jeffrey Parness told the news outlet.
Sofia Vergara, who is now married to actor Joe Manganiello, is fighting back. Her lawyers have established that Nick Loeb had previous relationships where he agreed to abortions; that he did not desire to become a father. The court has ordered him to name these exes but he has not yet complied, Us Weekly reports.
