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Sofia Vergara Of ‘Modern Family’ Will Likely Triumph In Embryo Case

By Amy Feinstein
Published on: 08:55 PST, Dec 8, 2016

Even though Sofia Vergara of Modern Family has now been sued by her two frozen embryos, legal experts say that it is very unlikely that the embryos, and the instigator of the suit, Vergara’s ex, Nick Loeb, will prevail, even though they’ve filed in Louisiana, which is the only state that treats embryos at people. The battle between Vergara and Loeb has been going on for nearly three years.

Nick Loeb is not a plaintiff in this lawsuit, but it’s obviously being filed on his behalf as the suit seeks to give him sole custody of the two female embryos that were named “Emma” and “Isabella” in an attempt to humanize them, says the Inquisitr. A contract signed at the time of the embryo fertilization, which is signed by Loeb and Vergara, says that unless both parties agree, the embryos will not be implanted, but Loeb believes that contract should be nullified.

Loeb is now saying that destroying the embryos would be wrong and go against God, but Vergara’s lawyer now wants to depose two exes of Loeb who had abortions with his knowledge during their relationships with him, proving that at least at one time, he was even okay with terminating a pregnancy. Loeb says that there is no way that he will ever give the names of the two former girlfriends, and he would rather go to jail.

Family law attorneys are weighing in to say that this latest stunt by Nick Loeb (who is related to Whitney Sudler-Smith and Patricia Altschul from the reality show, Southern Charm) has little chance of succeeding, even in the strongly pro-life state of Louisiana, says PageSix.

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Michael Stutman, of the Manhattan firm Stutman Advocate Stutman & Lichtenstein, has doubts that this suit has any chance of being successful.

“The Supreme Court long ago decided that to achieve the status of a protected human life an embryo has to be able to survive on its own. With these embryos being unable to do that, they probably have as much legal protection to exist as your sofa.”

Manhattan divorce lawyer Martha Cohen Stine says that she thinks that this suit is a legal hail Mary, as Loeb likely thinks he is about to lose.

“He’s clearly worried that he’s about to lose the California lawsuit. I think this lawsuit will be dismissed on its face because the embryos are not located in Louisiana.”

Fred Silberberg, the attorney for Sofia Vergara, says that this current suit is being filed out of desperation and will result in failure.

“That genetic material was created pursuant to a written agreement that required both parties written consent to attempt to create a pregnancy. Reports are out that Mr. Loeb has caused a lawsuit to be filed on behalf of the pre-embryos in Louisiana, essentially trying to get the same relief that he was trying to get through his failed legal attempt in California.”

And the case was filed in Louisiana for a reason, even though neither Loeb nor Vergara resides there (Loeb claims that because he went to school there twenty years ago, at Tulane, he has an attachment to the state), and the embryos are not there. Louisiana fertility lawyer, Amy Kerns says that Louisiana is the only state that considers embryos “juridical persons” and does not allow for the destruction of embryos.

“We treat them as people. I’m assuming that’s why they’ve moved [the case] here. It’s pretty unique. Since we can’t destroy them, and we’re an incredibly pro-life state, it’s obviously a smart move.”

As part of this suit, Loeb is arguing that there is a financial trust set up for “Emma” and “Isabella,” and they should be allowed to live to inherit this money, but even Louisiana this won’t work as a reason to implant them, as embryos have no inheritance rights, even in Louisiana.

The Daily Beast says that this case could open the floodgates and have impact beyond Vergara and Loeb. With a new pro-life administration coming into office, it creates more questions about embryos and what should happen to those which go unused. Out of 50 states, only Louisiana gives embryos some rights while the rest of the states do not equate the destruction of embryos with abortion.

Do you think Nick Loeb has a chance of being victorious over Modern Family star Sofia Vergara in the embryo rights lawsuit?

[Featured Image by Jordan Strauss/AP Images]

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