The embryos of Sofia Vergara are suing the Modern Family actress for their alleged inheritance, according to a report out today by Fox News. [1] What does this mean in legal terms? The law is unclear here. Things change at a rapid pace in the medical and technology world, but legislation tends to trail far behind. As these high-profile cases come to light, more couples may turn to lawyers to discuss and agree upon custody of embryos in advance to avoid legal challenges later.
According to the report, Vergara is being sued on behalf of her fertilized eggs. And, the suit is the second one in regard to the embryos. The first was filed by her former fiance, Nick Loeb. The first custody lawsuit was filed in California. This new lawsuit is filed in the state of Louisiana where Loeb reportedly, “has ties.” [1] An MSN report states that the are “pre-embryos” and the actress is “being sued by a Louisiana pro-life group representing the frozen fertilized eggs, which are stored in an Los Angeles facility.” [3]
Sofia Vergara Embryos Lawsuit
Criminal Defense lawyer Darren Kavinoky, founding attorney of 1.800.NoCuffs and The Kavinoky Law Firm, explains, “This is yet one more example of how the law has historically struggled to keep pace with societal and scientific advances.”
Criminal defense lawyer and TV legal analyst Darren Kavinoky says he sees this all the time in a variety of legal areas, not just the criminal defense and DUI defense law he emphasizes. “Besides the celebrity factor,” adds Kavinoky, “the truly interesting facet of the case is when life is legally deemed to begin. That,” says Kavinoky, “is a thorny issue the courts have wrestled with for decades.”
What are child custody laws in Louisiana?
The child custody laws in Louisiana, according to Find Law, currently state, “The court shall award custody in accordance with the parents’ agreement, unless the best interests of the child require otherwise. If there is no agreement or if the agreement is not in the best interests of the child, the court shall award joint custody, unless custody by one parent is shown by clear and convincing evidence to serve the child’s best interests. Factors for determining the child’s best interests include a stable environment and the primary caretaker preference. The parent not awarded custody is entitled to reasonable visitation.” [2]
SOURCES
1. Find Law. Retrieved on December 7, 2016 via http://family.findlaw.com/child-custody/child-custody-summaries-of-state-laws.html.
2. Gina Vivinetto. MSN. “‘Modern Family’ star Sofia Vergara sued by her own frozen embryos.” Retrieved via .
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