The battle over Sofia Vergara’s embryos with former fiance Nick Loeb has taken an odd turn, as now the embryos have filed suit against Vergara for the right to live. The trustee for the embryos, James Carbonnet, is also a plaintiff in the lawsuit where Sofia Vergara wants the embryos destroyed while the male donor, Nick Loeb, wants to have them implanted in a surrogate. The fight for the embryos has now moved from California to Louisiana, which is believed to be more pro-life.
Sofia Vergara, one of the stars of Modern Family , and Nick Loeb broke off their engagement in 2014, and Vergara is now married to Joe Manganiello and has no interest in going forward with the embryos, says the Inquisitr. A California judge sided with Vergara , as did the court of appeals, but Loeb will not relent. So Sofia turned up the heat on Loeb, and demanded through the court the names of two of Loeb’s ex girlfriends who had abortions while in relationships with him (plausibly to prove that he was pro-choice, and is now saying he isn’t for convenience). Vergara and Loeb signed an agreement in the past which gave Vergara the sole decision to destroy the embryos, but Loeb is arguing the validity of that agreement.
Sofía Vergara sued by her own embryos https://t.co/eAVw9zTcS0 via @pagesix
— Arthur Caplan (@ArthurCaplan) December 7, 2016
It’s like F. Scott Fitzgerald said, “the rich are different than you and me,” because without a whole lot of money, there is no way this case could have taken this odd turn. Page Six says that in the new filing, the embryos now have names, Emma and Isabella , in a court in Louisiana.
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This is potentially going to be a landmark case, and moving the case to Louisiana is step one, as the state has demonstrated special legal protection for frozen embryos. Wording in the new case suggests that Vergara is violating the rights of Emma and Isabella.
“The new lawsuit contends that Emma and Isabella, by not being born, have been deprived of an inheritance from a trust that has been created for them in Louisiana, according to sources.”
The case is asking that the embryos be given to Nick Loeb, so that they can receive the trust, which is meant to fund their healthcare and education. Loeb is arguing that he would ask nothing more of Vergara. This suit also asks that the previous agreement, signed by Loeb and Vergara, be voided. The prior agreement said that neither party could use the embryos without express written permission from the other.
Messages exchanged between Vergara and Loeb seem to suggest that either Loeb never approved of destroying the embryos or changed his mind after they were created. Loeb reached out to Vergara about what would happen to them if they didn’t use all of the embryos.
“You can’t keep 4 frozen lives forever or kill them, we will go to hell.”
“We r going to hell regardless.”
Vergara added that she was doing this so that Loeb could have a baby. Vergara already has an adult son. Loeb said that Sofia Vergara assured him that as a Catholic, she thought the embryos should never be destroyed. Now, Loeb is seeking to take custody of the embryos and have Vergara’s parental rights terminated.
But Sofia Vergara’s lawyer, Fred Silberberg, says that Vergara wants to keep the embryos frozen indefinitely at this time. Vergara believes that these are not the conditions under which she wants to bring children into the world. She also believes that Loeb has ulterior motives.
“A child needs a mother and a loving relationship with parents that get along, that don’t hate each other.?.?. Kids need parents. I wouldn’t want to bring kids to the world where it is already set everything wrong for them. It would be so selfish.I’ve been working very hard for 20 years to get to this point where I am. I don’t want to allow this person to take more advantage of my career and try to promote himself.”
But Loeb is arguing that a woman can go through with a pregnancy without consent from the father, so why should the father not be allowed to do the same?
Sofía Vergara sued by her own embryos https://t.co/I8yLaQSVPy pic.twitter.com/yKTZ0XVEVj
— lex scripta esq (@lexscriptaesq) December 7, 2016
Hollywood Life is calling the case between Sofia Vergara and Nick Loeb bizarre , and they’re also wondering how and when it will end. Nick Loeb says that he wants to implant the embryos in a surrogate as soon as possible so that his elderly father can meet his granddaughters.
Do you think that this case should be thrown out by the judge? Should the embryos be allowed to sue their mother, Vergara?
[Featured Image by Frederick Brown/Getty Images]