Sofia Vergara’s ex-fiance Nick Loeb has compared his legal battle to gain control of their frozen embryos to the issue of slavery.
Loeb and Vergara, who split in 2014, froze two embryos during their time together in case they chose to become parents in the future. Under the terms of their arrangement, both had to consent before they could be brought to term.
Vergara’s former fiance has been battling for the rights to bring the embryos to term, but has been blocked twice by the Modern Family star, who is now married to Joe Manganiello.
According to court documents obtained by The Blast, relating to a third lawsuit filed in January (18), Loeb argues that the debate over the embryos being either product or people has occurred “only one other time in our United States history from which any legal precedent may be reviewed – the pre-Civil War era,” and cites the legal definition of slavery as an example.
“Under these simple definitions, a human embryo, if believed to be a human being and alive, (which is our contention) would be considered a slave and the parents would be the owners of the slave, particularly in states where they are considered property.”
The 42-year-old filed a third suit in January in Louisiana which does consider embryos as “biological human beings” – as opposed to California, which views them as product and not human beings. He also relocated there before filing suit.
Loeb then invoked the story of Solomon Northup, who was born a free man in New York and later abducted and sold into slavery, which was turned into Oscar-winning film 12 Years a Slave.
“There was a question at the time as to whether New York had the jurisdiction to reach into Louisiana and retrieve Northup,” the lawsuit stated. “But the New York governor discussed it with Louisiana officials and they were allowed to retrieve him.”
Loeb’s lawsuit goes on to blame the lack of “legislation in most states on this issue” means “state courts are left to decide if embryos are human beings or property or something in between.”.
Last month Vergara filed for his lawsuit to be dismissed arguing the case has no connection to the state.
A judge has yet to rule.
– Cover Media0