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Modern Family Actress Sofia Vergara Sued By Her Own Embryos?

Posted By Castellanos & Associates, APLC || 23-Dec-2016

In 2014, Hollywood actress Sofia Vergara, who is perhaps most-famous for her role in the sitcom Modern Family, was sued by her ex-fiancé, Nick Loeb, for custody of her two frozen embryos. The lawsuit raised interesting and controversial questions about when paternity rights began. Not to be deterred by that lawsuit’s lackluster performance in the courts, Loeb has once again sued Vergara for custody of the embryos, but this time cited two additional plaintiffs: the two frozen embryos that he has named “Emma” and “Isabella”.

According to the lawsuit’s language, “Emma” and “Isabella” have been deprived significant inheritance from a trust that has already been created for them in Louisiana, where the lawsuit was filed. Loeb is once again seeking custody for both embryos so that each can be developed into a child, who would then receive that trust. The newest twist in the lawsuit runs parallel to anti-abortion claims and could have impact on abortion law in the future, as it implies the embryos not only have identities but also established rights.

Are There Legal Grounds for the Embryo Lawsuit?

The newly-filed complaint is attempting to cite potential clerical errors that could void the contract in both California where it was created and Louisiana. The agreement that both Loeb and Vergara signed initially when creating the embryos states that both “parents” must consent when any unilateral action is enacted; essentially, without both Vergara’s and Loeb’s approval, the embryos cannot be unfrozen and developed. There is, however, no clear clause that explains who gains and loses what rights over the embryos if the couple ended their relationship. It is this lack of clarity that Loeb hopes will be seen as the grounds to void the contract.

Many, including Vergara, have criticized Loeb for pressing the lawsuits further just for publicity and time in the spotlight. No matter his motives, the case is unique enough to continue gathering national attention for its implications of paternity rights.

For more information about the ongoing lawsuit, you can read an online article published by Broadly by clicking here. Be sure to visit our blog frequently for any critical updates to the story. If you need legal help for a paternity or family law issue that is troubling you, feel free to call 323.212.5599 to connect with Castellanos & Associates, APLC and our Los Angeles divorce attorneys.

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