Update: Feb. 16, 2017, 10:30 a.m. PT: Sophia Vergara has filed court papers asking that her ex-fiancé Nick Loeb’s case is thrown out based on paperwork Loeb signed stating that he cannot bring their embryos to term without her consent.
Vergara’s petition is in response to a lawsuit filed against her by Loeb and on behalf of their two frozen embryos, named “Emma” and “Isabella” in the suit, asking for a court’s permission to bring them to term after Vergara and Loeb’s breakup.
In Vergara’s response, she’s also seeking monetary compensation to cover her legal costs as a result of the lawsuit, which was filed in December.
You know that weird lawsuit where Sofía Vergara is being sued by her unborn embryos? Yeah, it just got even weirder.
More: Sofía Vergara & Nick Loeb’s embryo lawsuit is getting even more complex
Page Six reports that the embryos’ team of lawyers is getting ready to file another lawsuit, which will demand that the embryos get shipped from the facility where they’re being held in California to one in Louisiana. Sources told the site that Louisiana is apparently the place for those embryos to be because it’s the only state in the country where embryos have legal rights of their own, rather than being legally controlled by their parents. You can’t even make this shit up.
The original lawsuit was filed earlier this month, when James Charbonnet, the “trustee” of Vergara’s frozen pair of embryos, filed suit on behalf of the fertilized eggs amid a nasty and drawn-out breakup with Vergara’s former fiancé, Nick Loeb. The couple underwent IVF treatment in 2013, and the two resulting fertilized eggs have been cryogenically frozen at Beverly Hills’ ART Reproductive Center ever since. The attorneys representing the embryos want them moved to Louisiana at the beginning of 2017, where they’ll apparently have a case against being kept frozen — what Vergara planned after her breakup with Loeb — because, again, in Louisiana, fertilized eggs have legal rights and can somehow file lawsuits.
Loeb sued Vergara for custody of the embryos in 2014, but dropped the suit when the judge asked him to identify all women whom he had gotten pregnant and who had had abortions. He’s not involved in the current lawsuit, which makes it even more bizarre.
“Although Nick Loeb is not a party to the existing litigation or [this] subsequently contemplated litigation, he may be a beneficiary if the court adjudicates that the embryos are not chattels but entities with constitutional rights of survival,” Loeb’s attorney, Mark J. Heller, told Page Six. “Such a ruling would defeat [Vergara’s] intention to keep her daughters’ embryos frozen in perpetuity and endorse the irrevocable right of parenthood granted to donors when they contribute to the creation of an embryo.”
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