12.19.2016

Frozen Embryos File Suit Over Expected Inheritance In Louisiana

http://nytlive.nytimes.com/womenintheworld/2016/12/07/legal-battle-over-sofia-vergaras-frozen-embryos-takes-a-very-unusual-turn/

A lawsuit has been filed in Louisiana against Modern Family actress Sofia Vergara naming two frozen embryos as plaintiffs.  Vergara and her former fiancé, Nick Loeb have been involved in litigation for years regarding their frozen embryos.  Vergara created the embryos with Loeb via in vitro fertilization, but they were never implanted.

In this instant petition, filed in Louisiana, the frozen embryos are referred to as “Emma” and “Isabella” and argue that they are being denied their expected inheritance from a trust.  According to the complaint, their expected inheritance is currently blocked by Vergara’s refusal to allow them to be transferred to a uterus so they may continue to develop and be born as was intended by their natural parents, Louisiana law, and as is in their best interest.

The Complaint notes that until Emma and Isabella are born alive, the Trust’s settlor is the sole beneficiary, even though the Trust was created for the express purpose of benefitting Emma and Isabella.  Thus, plaintiffs contend that they have suffered damage by being prevented from continued development, birth, and inheritance.