Nick Loeb’s frozen embryo custody case against Sofia Vergara, his ex-fiance, has finally been dismissed. Read on to find out the details of this strange story!
Nick Loeb and Sofia Vergara dated on-and-off for several years and were engaged for a time. They discussed having a child through a surrogate and created embryos. Some were even implanted, but they weren’t successful. By the time they admitted the process had failed, the two had split up.
After Vergara and Loeb broke up, Loeb sued her for custody of the remaining embryos. Vergara argued that they signed a contract that said the embryos could only be implanted if both parties consented. He thought their contract is void because it didn’t have an arrangement on what to do if they broke up.
Loeb moved his suit to Lousiana last year after being shut down by a judge in Los Angeles, hoping that the state would recognize the unborn embryos’ rights. It went through several courts before coming to the 25th Judicial District Court for Plaquemines Parish.
On October 11, Judge Kevin D. Conner dismissed Loeb’s case with prejudice in favor of Vergara on nine motions. He also said all trial exhibits but one would be unsealed. Loeb wanted to keep everything private.
The judge also said Loeb was not a Louisiana resident because he’d only spent a few nights at an unfurnished apartment he’d bought for the case. He didn’t know any of his neighbors, operate a business, or own a bank account there.
The judge said, “Since the pre-embryos in this case are not and never were in a Louisiana facility, Louisiana’s Human Embryo Statue does not apply to them, and they cannot be considered proper party plaintiffs in this case.” Because the case was thrown out for that reason, Loeb is likely to try again in a different jurisdiction.
Loeb’s lawyer said, “We will be appealing the court’s decision. The embryos are human beings with every right to their lives and every right to be born.”
Loeb did win a case against Vergara in LA when the judge ruled that she must pay Loeb $80,000 in legal fees when her suit alleging malicious prosecution was dismissed by the judge.
Sofia Vergara–one of the highest-paid television actresses in the world–is currently married to Magic Mike hunk Joe Manganiello. She has an adult son from a previous marriage to her childhood sweetheart.