We are talking about a dispute between actress Sofia Vergara and her former fiancé Nick Loeb. The two had planned to have a child together through in vitro fertilization and a surrogate. When they broke up last year, there were two embryos remaining. Loeb is now asking a California court not for custody, but to bar Vergara from destroying the embryos.
When we left off, we were talking about the agreement the two signed at the time the embryos were created. The agreement, however, does not address which parent will control the embryos if the couple's relationship ended, as required by state law. As a result, Loeb says, the court should simply set the contract aside and start fresh. For her part, Vergara has offered no public comment.
Loeb's personal beliefs also dictate that the embryos are not "property," as the law would have it. Indeed, legislatures and courts all over the country have struggled with this issue more and more frequently. There are a number of variables, though, that any law would have to contemplate, including whether the couple was married, whether there are other children (and custody issues) in the picture, whether financial support is in question -- this is not an easy topic to tackle.
Where does Minnesota stand? Like Loeb and Vergara's situation, the matter is left to the courts to decide. How do you think the case would play out here? Both Minnesota and California, for example, based custody decisions on the best interests of the child. Does the same standard apply for an embryo?
One last question: If Vergara and her current beau marry, would he -- or should he -- have any claim to the embryos?
Source: CNN, "Sofia Vergara's ex Nick Loeb speaks out about frozen embryos lawsuit," Faith Karimi, April 30, 2015