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The Sofia Vergara Embryo Case Takes an Aggressive Turn

By George Khoury, Esq. | Last updated on

Since last year, Sofia Vergara has been facing a rather difficult battle over the custody of two embryos that she and her ex, Nick Loeb, had created while undergoing IVF. Although the couple's agreement states that the embryos cannot be used without both parties' consent, Loeb is fighting in court to win the right to implant the embryos in a surrogate.

Vergara has opposed Loeb, and has refused to allow him to use the embryos. Recently, the case has taken an aggressive turn. After Vergara's attorneys learned that on two previous occasions, Loeb had impregnated women who aborted the pregnancies, the attorneys demanded Loeb disclose who those women were. The appeals court just confirmed that Loeb must reveal the women's identities.

What the In Vitro?

This situation feels rather off-putting, but mainly because it shouldn't be news. The fact that Loeb is being asked to reveal the identities of two women who had abortions with him seems to invade the privacy of those women. However, the court is deciding an extremely private matter that is, unfortunately, in a pubic forum. Although Loeb has stated that he would rather be put in jail than reveal their identities, he doesn't actually need to fear time behind bars. In civil cases, civil contempt is usually levied in the form of monetary fines.

Basically, Loeb is claiming to be a pro-life advocate, and to rebut that, Vergara's attorneys would like to present evidence that he advocated for two prior abortions. While Vergara's attorneys may be cast in an unfavorable light for these actions, they are seeking to find out the truth behind Loeb's claims, and it seems perfectly reasonable to question the motives of Loeb, given Vergara is one of the most popular actresses on TV.

The Right Not to Procreate Is Protected

The same way that a person has a right to procreate, they have a right not to. Court have routinely recognized this right, and they generally will not award the right to use embryos over a party's objection. There are exceptions, of course, but generally only where the petitioning party has lost the ability to procreate after the embryos were created.

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