In one of the more interesting court cases the public has seen in a while, Sofia Vergara won a lawsuit over her frozen embryos on Wednesday, when a Louisiana judge tossed out ex-fiance Nick Loeb’s case against her, Page Six reported. This was Loeb’s second lawsuit against the Modern Family actress, and — just as he did in the first case — Loeb was seeking custody of the two embryos he and Vergara created and had cryogenically frozen in 2013 before they split ways.
According to TMZ, the judge dismissed the case, saying that a Louisiana court had no jurisdiction over embryos conceived in California. The outlet reported that neither Loeb nor Vergara had permanent ties to Louisiana, but Loeb had argued that the couple had dated there originally and planned their life together in the state. Most seemed convinced, however, that Loeb chose to sue in Louisiana due to the state’s protection of embryos.
Romper has reached out to both Vergara’s and Loeb’s representatives for comment on the outcome of the case and is awaiting a response.
This isn’t the first time Loeb has taken Vergara to court over the embryos, however. He first sued the 45-year-old actress in April 2015 in California, telling Us Weekly at the time:
I created these two female embryos with the purpose of taking them to term and not destruction, because I have always dreamed of being a father. Creating an embryo in the natural way can lead to parenthood obligations, even where a man doesn’t want to become a father. Where a man does want to become a father, and wants to impose no obligations on the other party, he should have that corresponding right.
Vergara’s lawyer, on the other hand, reportedly said that both Loeb and Vergara had agreed — in a signed agreement when they went through in vitro fertilization — that the embryos would only be used if both parties gave written consent to pursue a pregnancy. As Us Weekly reported, Vergara has yet to give that consent.
“Vergara, who has happily moved on with her life, is content to leave the embryos frozen indefinitely as she has no desire to have children with her ex, which should be understandable given the circumstances,” her lawyer, Fred Silberberg, told Us Weekly at the time.
There’s been no word yet on whether Loeb will pursue a new lawsuit against Vergara, or if this is where his attempts will end. Either way, the ongoing cases have opened up important questions about who holds legal rights to embryos in cases where the couple splits up and changes plans. In this case, at least, it seems like the issue has been fairly settled.