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Sofia Vergara and whether the case against her in Louisiana is viable

The New York Post published an article regarding Sofia Vergara and Nick Loeb today. I had the opportunity to express my legal opinion:

Louisiana family law lawyer Betsy Fischer agreed, saying there may be a conflict of laws issue since the fertilized eggs are in Beverly Hills.

“An interesting Louisiana statute… states that in disputes regarding the ovum, the judicial standard for resolving the dispute is the best interest of the ovum,” she added. “If the child is frozen, how can you even address the issue of best interest?”

Fischer also said that under Louisiana law, frozen fertilized eggs have “no inheritance rights.”

The full article can be found here:
http://pagesix.com/2016/12/07/embryos-unlikely-to-win-suit-against-sofia-vergara/

Louisiana is friendlier regarding frozen embryos. Embryos are considered similar to corporations which have their own legal identity. Louisiana is a pro-life state and has laws in place prohibiting the destruction of frozen embryos.  The law specifically states that the frozen embryos shall not be intentionally destroyed by any natural person (a human being) or another juridical person (such as a corporation).  A problem with this case is that these frozen embryos are not in the State of Louisiana.

It will be very interesting to see how this case develops.

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