This sure is a modern family…
A Louisiana judged dismissed a lawsuit filed by Sofia Vergara’s ex-fiancé Nick Loeb over custody of the frozen embryos they conceived together in 2013.
According to TMZ, the judge presiding over the case stated the court had no jurisdiction over the embryos as they were conceived in California, and neither the Modern Family star nor Loeb has any permanent ties to Louisiana.
Although Loeb claimed he and Vergara had dated and made plans for their future while briefly living in the southern state, the judge noted the business man most likely filed in Louisiana due to its favorable legislation protecting the right of the unborn children.
The judge even referred to the embryos as “citizens of California”, and noted that the case could require a Constitutional evaluation.
Vergara and Loeb conceived the embryos while they were engaged in 2013. They signed a contract at the ART Reproductive Center in Beverly Hills that stated neither could use the embryos without the other’s consent.
The battle for the frozen embryos began when the couple called off the engagement and split in 2014. Loeb’s originally aimed to gain full-custody of the embryos, but the case was dismissed in December. The following month, an unknown third party filed in Louisiana representing the embryos, which Loeb said he named Emma and Isabelle.
Vergara then responded with a suit in California to block her ex from using the embryos without her written consent, as agreed.
The Emmy nominee’s lawyer said in a statement that Vergara “who has happily moved on with her life, is content to leave the embryos frozen indefinitely as she has no desire to have children with her ex, which should be understandable given the circumstances.”
Sofia married actor Joe Manganiello in November 2015. She is also the mother of Manolo, 24.
This may not be the end of the nasty embryo war, but the Louisiana judge’s decision is a big step forward for Vergara.
