The ongoing battle over Sofia Vergara and Nick Loeb’s embryos took a dramatic turn last Tuesday when Mr Loeb filed a right-to-live lawsuit on behalf of the fertilized eggs.
Ms Vergara and Mr Loeb had the eggs fertilised in vitro in 2013 and the pair’s subsequent split cast them both into a bitter battle for custody rights. Vergara claims that they both signed a contract requiring mutual agreement before implantation, but earlier this year Loeb sued his former partner for custody of the embryos, arguing that he should be able to have the planned children without her. Ms Vergera has resisted Loeb’s plans to have the children, preferring for them to stay indefinitely on ice, arguing that a child needs parents “that don’t hate each other”.
In a twist in the tale, Mr Loeb has made another bid for custody, arguing for the implantation of the embryos, based on the term’s of a financial trust created in anticipation of two children.
The extraordinary case is taking place under traditionally pro-life Louisiana jurisdiction, a state that offers special legal protections for frozen embryos. “Emma” and “Isabella”, two embryos currently residing in a Beverly Hills fertility clinic, are listed as plaintiffs in the court documents. A trust specifying assistance to the embryos once born was made in Louisiana. the right-to-live lawsuit contends that in not being born, they have been deprived of inheritance specified in a Louisiana-made trust.
Should the terms of the trust specify the two unborn children as beneficiaries, then Mr Loeb’s case could hold some weight. But whether the embryos will be deemed entitled to inherit, and therefore to implantation against Ms Vergara’s wishes, remains to be seen.
Vardags Limited is a limited company trading as Vardags, Company No 7199468, registered in England and Wales, having its registered office at 10 Old Bailey, London EC4M 7NG. Vardags is authorised and regulated by the Solicitors Regulation Authority (SRA Number 535955). Its VAT number is 99 001 7230.
Vardags uses the term ‘Partner’ as a professional title only, to describe a Senior Solicitor, Employee or Consultant with relevant experience, expertise and qualifications (whether legally qualified or otherwise) to merit the title. Our Partners are not partners in the legal sense. They are not liable for the debts, liabilities or obligations of Vardags Limited. Similarly, the term ’Director’ is a professional title only, to describe a non-legally qualified employee or consultant of Vardags with relevant experience, expertise and qualifications to merit the title. It does not necessarily imply that the relevant individual is a director of Vardags Limited.
A list of the directors of Vardags Limited and a list of the names of those using the title of ’Director’ and ’Partner’ together with their official status is available for inspection at Vardags’ registered office.