From newborns to teenagers, children of any age can find themselves put in the middle of disputes between their parents. “Modern Family” television star Sofia Vergara is the defendant in her own custody lawsuit filed on behalf of plaintiffs Emma and Isabella by her former fiancé Nick Loeb.
It is important to note that Emma and Isabella are not children… yet. The two are female embryos created by the couple while they were still together three years ago.
The Enforceability Of An Embryo Contract In Question
In 2013, Vergara and Loeb signed a contract that neither party could use the fertilized eggs without the content of the other. However, the agreement lacked language on what would happen if the two split. Loeb also claims that Vergara “bullied” him into a clause that mandated the thawing of the eggs with no further action should one or both of them die.
The right-to-live suit filed in Louisiana, a traditionally “pro-life” state, contends that the fertilized eggs are being deprived of an inheritance because they have not yet been born. Loeb wants custody so Emma and Isabella can continue their development. Once born, the sisters can receive necessary funds from the trust for healthcare, education and other needs.
Through her lawyer, Fred Silberberg, the actress has stated that she wants to keep the embryos “frozen indefinitely.” She believes that the contract she signed with Loeb should serve as the “end credits” to their once-fairy tale story.
Loeb countered, “A woman is entitled to bring a pregnancy to term even if the man objects. Shouldn’t a man who is willing to take on all parental responsibilities be similarly entitled to bring his embryos to term even if the woman objects?”
A “modern family” indeed.
Resolving any type of custody dispute requires a family law attorney who focuses on the interests of the children.
Source: Page Six, Sofía Vergara sued by her own embryos, Emily Smith, Dec 6, 2016.