The last word has finally fallen in the strange lawsuit between ‘Modern Family’ star Sofia Vergara (48) and her ex Nick Loeb (45). The latter insisted on using two of Vergara’s frozen embryos without her permission. Earlier this month, the judge ruled that this was not allowed, and now Loeb’s last appeal has also been rejected. 

Vergara and Loeb chose to have two embryos frozen while they were still together, in case they wanted to have children later in life. However, the couple broke up in 2014, naturally wiping the plans for family expansion off the table. Or not? Loeb wanted to have those two children at any cost, by implanting the embryos with a surrogate mother. Vergara did not know what she heard and went to court, where she made it clear in black and white that Loeb did not have her permission to use her eggs. 

He filed a lawsuit in 2015 hoping to gain ‘custody’ of the 2 female embryos. However, the California judge thought it was a strange question and dismissed the case. Loeb did not give up, however, and went to Louisiana court to resubmit the case. The state of Louisiana is considerably more conservative than California, and sees fertilized eggs as living humans. In California they are seen as a product. Loeb played extra on the mood by giving names to the embryos, according to the documents he submitted. “Emma and Isabella should be entrusted to their biological father, who insists that they be born.” 

From one court to another

Yet he got the cover on the nose there too, because the judge soon found out that Nick did not live, had lived, or ever intended to live in Louisiana at all. “He pretends he has a residence here, but he has no domicile here. We suspect that this man is just looking for any court that could muster sympathy for him, ”he said. “But we don’t participate in that.”

Loeb appealed that decision. On January 27 this year, he received another answer from the judge, this time strikingly agitated: “This man and his lawyers are shaming the Louisiana justice system,” he said. “We are rejecting this case again because he doesn’t live here. They knew well enough that they had filed their charges in the wrong court, but they did so because they thought they had a better chance of winning here. This is a blatant attempt at court shopping. ”

Finally over

A judge in Los Angeles has ruled that Loeb cannot have the embryos born without Vergara’s “explicit written consent.” This finally provides an answer to an official application that Vergara already submitted in 2017. It states that Loeb may not use the embryos without her written permission. The application has now finally been approved, making it impossible for Loeb to continue his journey through the courts of the United States. 

Loeb appealed against that ruling as despised, but his appeal has now been dismissed. So Sofia can sleep soundly again, knowing that no one can have her children without her cooperation. 

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