Sofia Vergara is facing a lawsuit stating the loss of life of her two frozen embryos and them being denied from their inheritance if they are not allowed to be born. It is filed at Jefferson Parish which consists of three plaintiffs. The two are the frozen embryos and the other is James Charbonnet, a trustee of the embryos' fund.
The Modern Family actress and her former husband, Nick Loeb, underwent an in-vitro fertilization in 2013 at a clinic in Canada, according to BBC. The contract the former couple signed stated that the two frozen embryos, named Emma and Isabella, will not be touched without both their consent.
However, the contract did not state what will happen to them if the couple broke up. Because of this notion, Loeb stated that the contract could be considered void and therefore allowing the babies to be born without Vergara's consent is possible.
Vergara did not want to let the frozen embryos to be surrogated and wants them to stay in their cryogenic tubes indefinitely. Loeb said that it would tantamount to killing them having been placed in a 'limbo'.
The inheritance that the two embryos will receive from a trust created by Loeb is issued at Louisiana. Being a pro-life state, Louisiana treats unborn embryos or fertilized eggs as a "juridical person".
The suit against Vergara stated that the embryos must be given to Loeb and ultimately be allowed to be born so that they will have the chance to inherit the trust.
"By leaving Emma and Isabella in a tank in a medical clinic for more than three years and refusing to consent to their development or care, Vergara has effectively abandoned and chronically neglected and Emma and Isabella," the suit argued, according to The Daily Beast.
Nick Loeb does not appear to have a direct contact with the suit as it did not state his name and his connection in manning the case. Representatives of the petition only state their appeal to pro-life regarding Vergara's case.
"We have a very favorable human embryo statue where we really do give rights as a juridical person," Monica Hof Wallace, a professor at Loyola University's New Orleans College of Law said. "And it appears the attorneys did their due diligence. Louisiana has a trust code, and they named the trustee as a plaintiff, so it seems to give him jurisdiction to sue."
"It's tenuous, but the fact that they have a trust here adds another layer. From a legal standpoint, it was well thought out. I'm not sure we've ever thought of doing that," she said.
