Many couples create frozen embryos either before or during marriage, and then upon divorce issues can arise. This article will discuss the high profile California embryo dispute between Modern Family star, Sofia Vergara and her ex-fiancé and then summarize some best practices to follow if you are thinking of creating embryos.
Sofia Vergara and Nick Loeb – California court upholds contract.
- Modern Family star, Sofia Vergara and her ex-fiancé created embryos prior to their break up in 2014.
- In 2016, Vergara sued Loeb seeking a court order that any attempts to bring the embryo to life would be a breach of their contract.
- Vergara and Loeb created an embryo disposition contract in 2013, where a party seeking to use the embryo needed the other’s written consent.
- In a seeming effort to gain a jurisdictional advantage, Loeb sued Vergara in Louisiana, where destruction of embryos is prohibited by statute but the case in Louisiana was dismissed.
- Loeb’s lawyers argued that the contract was a “form directive” that is void and against public policy because it does not comply with California law since it lacks a provision dealing with what happens in case of divorce or separation.
- Loeb also argued that he had a valid separate enforceable oral agreement with Vergara authorizing him to have the embryos implanted in a surrogate, and he argued the contract was invalid for duress because she had yelled at him prior to the contract execution.
- The court made a judicial determination that the form directive entered by the parties was a valid enforceable contract and rejected Loeb’s arguments, so Vergara won the case.
Best practices for protecting your interests when creating embryos.
- First, know that the law relating to embryos is still in flux, as many of the embryo cases in California and throughout the country are scare and new. For this reason, there are no hard and fast rules for protecting your interests with regard to embryos, but this article will suggest ideas that are supported by cases in California and throughout the U.S.
- A contract with the any parties involved in writing that clearly defines all possible scenarios and the agreed upon outcome may help protect your interest.
- Each party to the contract should be represented by their own attorney.
- Consider not only the people creating the embryos, but also any egg donors or sperm donors that may be involved.
- Think through who will be paying for creation and storage fees and any financial terms that should be included relating to money.
- Generally, embryos cannot be sold, so consider the market value of the embryo as zero. However, embryos can be donated, and costs can be involved in donation, such as legal fees, medical facility transfer fees, family match fees through agencies, etc.)
Contact an Experienced California Divorce Attorney
If you are considering creating embryos or if you are divorcing and need help fighting for your interests relating to embryos, contact us at the Law Office of David Knecht. We have extensive experience with family law to help support you and walk you through the legal issues relating to embryos or any other divorce or family law issue. Contact us today at 707-451-4502.
