A highly-publicized case involving actress Sofia Vergara, ex-fiancé Nick Loeb and the frozen embryos they had created, has a bizarre twist that involves a trust suing on behalf of the embryos.
Since their breakup, Sofia Vergara and Nick Loeb have been fighting over two frozen embryos they had together when their relationship was much better. Loeb had been seeking to have the embryos brought to term, which Vergara opposed. Recently, Loeb dropped his case.
A party unrelated to either of them, has now filed a new case in Louisiana to have the embryos brought to term. It purports to be brought by the embryos themselves. A trust appears to have been created in Louisiana, specifically for this purpose because that state has an old law that grants legal personhood to embryos.
This story was taken up recently by the Daily Beast in “Sofia Vergara Embryo Case Could Open Floodgates.”
While this lawsuit appears to face long odds of success, nothing can be said for certain since it is a matter of first impression for the courts. If the lawsuit does succeed, it could have important and far reaching implications for estate law.
For example, if a wealthy person passes away after going through the process of freezing embryos, could any third party then sue to have those embryos brought to term? If so, then would those children be considered the heirs of the deceased entitled to a share of the estate, even if the deceased had no wish to have more children when he or she passed away?
Those questions would have to be answered by other courts.
Needless to say, the progress of this case will be watched closely by the media and the legal community.
Reference: Daily Beast (Dec. 8, 2016) “Sofia Vergara Embryo Case Could Open Floodgates.”
I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.
The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!
Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.
Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!
I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!