Sofia Vergara’s Ex-fiancé Nick Loeb Allowed to File for Custody of Embryos: Judge

23 May 2015 | Author: | No comments yet »

Egg custody battle: Judge allows new lawsuit in Sofia Vergara’s embryo fight with her ex-fiance.

SANTA MONICA – Sofia Vergara’s ex-fiance will be allowed to file an amended lawsuit seeking custody of two embryos he created with the “Modern Family” star, a judge ruled Friday. Prior versions of the lawsuit filed in August and April did not specifically ask for the right to bring the two cryopreserved female embryos to term against Vergara’s wishes. Loeb, who dated Vergara for several years before breaking up last year, sued the actress in August seeking a ruling that the embryos could not be destroyed.

A proposed version of the new complaint states that Loeb and Vergara had a verbal agreement to create viable embryos, “setting life in motion,” and then implant them in a surrogate without fail. Vergara’s attorney opposed allowing the amended lawsuit, arguing during a hearing that Loeb has failed to state a viable legal claim to the embryos. A lawyer for the Colombian-born actress tried to fight Loeb’s right to file a new amended complaint Friday, claiming Loeb’s lawyer Christina Goodrich is dragging her feet and already missed her chance to overhaul the case. The fight over the embryos started off as an anonymous Jane Doe case but got leaked to the press in recent weeks and culminated with Loeb writing an op-ed piece in the New York Times. He wrote that the battle had “nothing to do with the rights over one’s own body, and everything to do with a parent’s right to protect the life of his or her unborn child.” “There is no legal issue,” he said in court, arguing that both parties signed a consent form requiring the agreement of both parties before any action could be taken with the embryos.

She has stated through her lawyers that she does not want the embryos used or destroyed – rather held in the same frozen state they’ve been in since the couple parted ways. He included a series of text messages allegedly exchanged with Vergara in March 2013 after they learned their IVF treatment resulted in multiple viable embryos.

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