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US actress Sofia Vergara sued by own embryos

9th December 2016 - Thea Dunne
US actress Sofia Vergara sued by own embryos

The ongoing battle over Sofia Vergara and Nick Loebs 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 pairs 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 Loebs plans to have the children, preferring for them to stay indefinitely on ice, arguing that a child needs parents that dont 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 terms 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 Loebs case could hold some weight. But whether the embryos will be deemed entitled to inherit, and therefore to implantation against Ms Vergaras wishes, remains to be seen.

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