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A judge has ruled in favour of Sofia Vergara in the actress’ long-running dispute with her former partner over frozen embryos.
The ‘Modern Family’ actress and Nick Loeb ended their engagement in
May 2014, the year after they underwent in vitro fertilisation treatment
together, and shortly after their split, the businessman had sought to
gain full custody of the fertilised eggs to have them implanted in a
surrogate.
In 2017, Sofia – who has an adult son named Manolo from a previous
relationship and is married to Joe Manganiello – filed legal documents
in an attempt to block Nick from being able to use the embryos without
her written consent and on Tuesday (02.03.21), a court agreed to grant
the 48-year-old actress a permanent injunction which would stop her
former partner from being able to use the fertilised eggs to “create a
child without the explicit written permission of the other person.”
Nick, 45, accused the judge of being “influenced by Hollywood” when making the ruling.
He said in a statement obtained by People magazine: “[The judge] was
clearly influenced by Hollywood, which is a pattern I expose in my
upcoming film Roe v. Wade.
“It’s sad that Sofia, a devout Catholic, would intentionally create babies just to kill them.”
According to court records, the former couple had signed a document
at the fertility clinic where they were treated which stated both
parties had to agree in order to do anything with the embryos.
Although Nick had argued he signed the form under “duress”, the court
ruled this week that the “Form Directive is not void or voidable based
on Defendant Loeb’s duress defense as to its execution.”
The judge also found there was no “material fact” supporting his
previous claim that he and Sofia had an “oral agreement” that would
allow him to implant the embryos in a surrogate to be born.
As well as the dispute in California, Nick had also attempted to gain
custody of the embryos in Louisiana, having created a trust in the
state to give the embryos legal status.
However, in January, the court sided with the ‘Hot Pursuit’ star and
dismissed the lawsuit seeking to obtain custody of the pre-embryos.
At the time, an attorney for the businessman said they would be appealing the case to the Louisiana Supreme Court.
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