Alim Kheraj
December 09, 2016 4:48 am
Jeff Kravitz/FilmMagic

Colombian-American actor and star of Modern Family Sofia Vergara is being sued by her own embryos, a new report has revealed.

According to the New York Post’s Page Six, a lawsuit was filed against Vergara in Louisiana by two of her own fertilized eggs, named on the legal documents as the plaintiffs “Emma” and “Isabella,” which she created with her ex-fiancé Nick Loeb.

Loeb has previously attempted to sue Vergara for custody of the embryos in the state of California. Loeb, who Vergara claims is staunchly pro-life, responded after it was rumour that the 44-year-old stars wanted to destroy the fertilized eggs, something she later denied. Instead, a statement read, “Vergara, who has happily moved on with her life, is content to leave the embryos frozen indefinitely as she has no desire to have children with her ex, which should be understandable given the circumstances.”

Ultimatley, however, Loeb dropped his case against Vergera after it emerged that two of his ex-partners had abortions. Vergera insisted that he name the two women, after which Loeb dropped his case.

A “source” told Page Six that the crux of the new case stems a trust that was set up in Louisiana in “Emma” and “Isabella”s names. The argument is that neither will benefit from the trust, and Loeb is requesting that he be given the embryos so that they can receive the money which would, the case argues, support their healthcare and education if they were to be born.

What’s more, the case also suggest that a contract previously signed by Vergara and Loeb is void because it violated “California code and Louisiana law.” The contract stated that neither party could have the embryos without the consent of the other. However, the lawsuit suggests that, given that the pair are now separated, this clause is invalid.

Writing an op-ed for The New York Times in 2015, Loeb argued as to why he wants custody of the embryos.

“A woman is entitled to bring a pregnancy to term even if the man objects,” he wrote. “Shouldn’t a man who is willing to take on all parental responsibilities be similarly entitled to bring his embryos to term even if the woman objects?”

Vergara, who is now married to Magic Mike and True Blood actor Joe Manganiello, responded to Loeb’s essay in an interview in which she said that because of the animosity between the pari that she “wouldn’t want to bring kids to the world where it’s already set against them.” 

Speaking to Page Six, Vergara’s lawyer, Fred Silberberg, said that Loeb’s arguments were full of contradictions.

Despite this, Loeb’s case could cause shockwaves when it comes to abortion rights. Currently, most courts would consider embryos as marital property. However, by giving the embryos names and listing them as plaintiffs on the suit, Loeb is attributing “personhood” to them, echoing anti-abortionist’s views that life begins at conception.

However, speaking to Broadly, Sean B. Tipton, chief advocacy and policy officer at the American Society for Reproductive Medicine, said that he didn’t believe the case had any merits.

“It’s offensive to the thousands of Americans who are struggling with infertility,” he said. “We don’t expect [the suit] to have any impact because it is of no legal consequence. We expect it to be immediately dismissed.”

According to the new lawsuit, Loeb is requesting that he have full custody over the embryos and “authority to release them for transfer, continued development, and birth.” 

[H/T Broadly]

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