After over two years of litigation and a battle that began in May 2014, a Louisiana judge has dismissed the case between Modern Family actress, Sofia Vergara, and her ex-fiancé, Nick Loeb. The former couple have been battling over the fate of two female embryos created during in IVF procedure while they were still together. According to documents obtained by TMZ, the judge indicated that the Louisiana court had no jurisdiction over citizens not residents of the state (the judge referred to the embryos as "citizens of California"). If Loeb decides to continue the battle, he would need to file suit in California, where he and Vergara are currently residents.
In 2015, Loeb insisted that he wanted to be a father and that was willing to waive any financial responsibility from Vergara.
“I created these two female embryos with the purpose of taking them to term and not destruction, because I have always dreamed of being a father. I have previously offered to waive any parental or financial responsibilities on the part of my ex. [...] When a man does want to become a father, and wants to impose no obligations on the other party, he should have that corresponding right."
Vergara made it clear in 2015, in a statement to US Weekly through her attorney, that she was okay with leaving the embryos at the fertility clinic since she didn't want to have children with Loeb.
“[Vergara] who has happily moved on with her life, is content to leave the embryos frozen indefinitely as she has no desire to have children with her ex, which should be understandable given the circumstances.”
After Loeb's case to gain full-custody of the embryos was dismissed in December, he filed suit in Louisiana using the state's right-to-live laws. He reportedly intended to have the embryos implanted in a surrogate and had already set up a trust for the them.
Loeb has yet to indicate whether or not he intends to refile his case in the state of California and both parties have yet to release statements about this most recent dismissal.