Sofia Vergara stars in the popular TV comedy-drama Modern Family. The show highlights the ups and downs of family life in today’s diverse society, but what’s happening in Vergara’s personal life makes the scripted antics look like The Brady Bunch.
In perhaps one of the most bizarre custody cases of the 21st century, Vergara is being sued by her own frozen embryos.
So Much Stranger Than Fiction
Vergara became engaged to businessman Nick Loeb in 2012. The couple reportedly began the process of in-vitro fertilization (IVF) in November 2013, and then split up for unrelated reasons in 2014.
According to the initial lawsuit filed by Loeb in August 2014, he was seeking custody of the female pre-embryos because he wanted:
“…To carry our girls to term and raise them.”
In a 2015 New York Times op-ed article, Loeb stated:
“In 2013, Sofía and I agreed to try to use in vitro fertilization and a surrogate to have children. We signed a form stating that any embryos created through the process could be brought to term only with both parties’ consent. The form did not specify — as California law requires — what would happen if we separated. I am asking to have it voided.”
Loeb dropped his lawsuit after a judge ordered him to provide the names of two women who reportedly had abortions after they became pregnant by him. Believe it or not, things got weirder after that.
Beyond Bizarre
James Charbonnet, whose connection to Loeb and Vergara is still unclear, has brought a lawsuit against the actress on behalf of the frozen embryos. The embryos are referred to as Emma and Isabella in the suit, and Charbonnet describes himself as a trustee of the Emma and Isabella Louisiana Trust.
Vergara lives in California, and Loeb is from New York. Before their split, the couple spent time in Louisiana, a state that has laws enabling embryos to sue actual people. According to the lawsuit, Louisiana was the appropriate place to file, because Vergara and Loeb were living there at the time of their breakup.
The lawsuit speaks for the pre-embryos, which have remained in a California freezer since they were created:
“Emma and Isabella seek that they be entrusted to their natural father Loeb, who is willing and desirous that they be born.”
The idea of a pair of frozen embryos “seeking” anything seems pretty suspect, but the complaint goes on to state:
“…[Emma and Isabella should] become eligible to receive their inheritance.”
Perfect Timing
Loeb’s attorney, Mark Heller, says that although his client didn’t initiate the lawsuit:
“This could be the first test case for a new Supreme Court with a new judge appointed by pro-life President-elect Donald Trump… The timing may be perfect for not just the pro-life but a pro-parenthood platform.”
Fred Silberberg, who is representing Vergara in the suit, offers his thoughts on the motivation behind the suit:
“This latest maneuver is nothing more than another attempt on the part of Mr. Loeb to keep himself in the public eye by keeping himself linked to Ms. Vergara …It is unfortunate that Loeb feels the need to keep himself linked to Vergara, who is happily married, by taking up more of our overburdened courts resources, preventing judges from focusing on real legal problems.”
As for Vergara, she says she doesn’t want the pre-embryos to be destroyed or implanted, but to remain in their frozen state indefinitely. Since frozen embryos can last more than a decade, this could be not only a strange custody battle, but a lengthy one.
Watch this clip for more information about how this custody case came to be:
Featured Image: Screenshot Via YouTube Video.
