Sofia Vergara’s Ex Sues Her to Protect Frozen Embryos

The beautiful “Modern Family” star is once again in the news, this time for a lawsuit filed by her ex-fiance Nick Loeb for their frozen embryos.  Apparently, they had planned to have children together, and created frozen embryos with Nick’s sperm and Sofia’s eggs.  Some were unsuccessfully implanted in her.  There are 2 that left, frozen in the bank.  Nick is suing Sofia and the embryonic bank for “custody” of the embryos, and against the “destruction” of them.

Nick and Sofia had previously agreed that in the event of either’s death, the embryos would be immediately “thawed” (this destroys them).  But nothing was stated about happens in the event of “divorce/separation”.

Nick is now arguing he NEVER agreed to this – he was just trying to pacify her because they go into a heated argument over this.

I side with Sofia.  Embryos produce CHILDREN, bozo.  Don’t you think it’s a little bit unConstitutional to force someone to become a parent?  I do.  And I also think Nick being a man has LESS of standing to argue his right to procreate would be curtailed, as we all know men don’t have as definitive biological clocks as women.

We need law on this!!!  One current case is on appeal in Chicago.  In that case, the trial court ruled for the girlfriend Dunston.  After they broke up, she sued to get custody and use of the embryos.  Boyfriend Szafranski objected.  The trial Judge held, “Her interests in being a mother outweighed HIS desire NOT to be a father”.

With IVF and freezing embryos on the rise, Judges and Legislature are faced with the daunting task of creating new law.  Several states have held embryos are NOT property – they are in the middle between life and property.  Others have held that even if the parties have CONTRACTED as to what happens in the event of a split, these contracts may not enforceable.

I personally don’t think you should force anyone to procreate, whether it’s a man or a woman.  But I can possibly understand why a woman of advanced maternal age may have a greater interest.

If you are considering freezing an embryo, make sure you consult competent attorneys to discuss the reality of what happens in the event of death or separation.  Do not tread the minefields without your armour.



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Kelly Chang Rickert

Kelly Chang Rickert (formerly Kelly Yi-Yi Chang) is the founder of the Law Offices of Kelly Chang, A Professional Law Corporation, a firm dedicated exclusively to Family Law. She has been certified by the California State Bar Board of Legal Specialization as a Family Law Specialist. She is frequently quoted in the media, and is a legal expert for Style Network, TV Guide and MTV on Mel Gibson, Tiger Woods, Britney Spears, Christie Brinkley and Madonna divorce and custody cases.

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