A Louisiana judge has thrown out the case between Sofia Vergara, her ex-fiance Nick Loeb and a couple of frozen embryos tying the two together.
According to court documents obtained by TMZ, the judge dismissed the case, believing the Louisiana court had no jurisdiction because the pre-embryos were conceived in California.
It’s believed neither Vergara, or her ex-fiance, have any permanent ties to the state.
The documents detail how the judge accused Loeb of filing the case in Louisiana because it has more favourable laws pertaining to the rights of the unborn child, dubbing the embryos “citizens of California”.
Vergara and Loeb have been locked in a legal battle for more than two years of the frozen pre-embryos they created at the ART Reproductive Center in Beverly Hills while still together back in 2013.
The couple were together for four years before they split in 2014.
Listen: The Mamamia Out Loud team discuss the dispute and what should happen to the embryos (post continues after audio…)
In an op-ed published in the New York Times in April 2015 titled Our Frozen Embryos Have a Right to Live, Loeb wrote about his desperation to become a parent.
“Many have asked me: Why not just move on and have a family of your own? I have every intention of doing so. But that doesn’t mean I should let the two lives I have already created be destroyed or sit in a freezer until the end of time,” he wrote at the time.
“For as long as I can remember, I have dreamed of being a parent.”
The 41-year-old asked for permission to use the eggs, taking on all parenting responsibilities with Vergara acting as merely an egg donor. The actress refused, and so, the legal battle begun.
In filing the suit, Loeb requested full custody of the embryos- which he named Emma and Isabelle – so he could have them implanted in a surrogate. He also added he had created trusts for them.
The actress has since re-married, marrying actor Joe Manganiello in November 2015.
Loeb has given no indication at this stage whether he will pursue the matter in a California court.