A Louisiana Group that protects the two embryos Sofía Vergara and former fiancé Nick Loeb conceived via IVF (In Vitro Fertilization) is suing the Colombian actress. The lawsuit demands Loeb to be given sole custody of the frozen embryos and argues that the embryos are being deprived of their inheritance from a trust by not being born.
The trust is reported to have been created for them in Louisiana, although the embryos are located in California, but under Louisiana law, a fertilized egg is seen as a "juridical person." Vergara and Loeb created the embryos at a California clinic in 2013. After their split in 2014, the "Modern Family" actress refuses to allow them to be implanted in a surrogate mother.
Meanwhile, Vergara’s lawyer Fred Silberberg, released an statement criticizing the lawsuit, saying it's not more than a very smart move from Loeb to stay linked to the actress, stay active in the case, and obtain compassion from the court and the public. "That genetic material was created pursuant to a written agreement that required both parties' written consent to attempt to create a pregnancy," he told Us Weekly.
This reproductive law controversy started in 2015, when Loeb filed a lawsuit to prevent Vergara from destroying the frozen eggs. These kinds of legal fights have increased over the years, making couples that agreed about having the IVF procedure, participate in long scratchy fights in court after breakups or divorces.
Analysts and reproductive specialists say that Louisiana’s special legal protections for embryos could sway the case in Loeb’s favor. If this happens, then Sofía will no longer have rights over the embryos. What’s good on Vergara’s side is that her and her former fiancé signed an agreement stating that to materialize the reproductive process both parties will have to give the permission.
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