Sofia Vergara has scored a victory in her frozen embryo battle with her ex-fiancé, Nick Loeb, as a judge has dismissed the case in the state of Louisiana.
According to documents obtained by TMZ on Friday, August 25, the judge presiding over the case stated that the court had no jurisdiction over the decision because the embryos were conceived in California, and neither the Modern Family star nor Loeb has any permanent ties to Louisiana.
Although Loeb claimed he and Vergara, 45, planned to spend their life together in the state, the judge noted that the businessman most likely filed in Louisiana because of its favorable laws regarding the rights of unborn children.
The judge also referred to the embryos as “citizens of California” before remarking that weighing in on the case would require a potential constitutional evaluation over the embryos’ rights.
As previously reported, the actress and the Onion Crunch creator created two female embryos through IVF when they were still together and have battled over their fate since splitting in May 2014.
The former couple had originally agreed to keep the embryos in storage until both parties signed documents stating otherwise. However, Loeb sued Vergara in April 2015 in California, where the judge in that case ruled Loeb would have to disclose two exes who had abortions in order for that case to continue.
The Hot Pursuit actress’ legal war with her ex has fueled discussions as to whether men should have the same rights as women over frozen embryos.
Loeb spoke with Us Weekly in April 2015 about his desire to be a parent, saying, “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.”
At the time, the Emmy nominee’s lawyer told Us Weeklyin a statement that 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.”
Vergara married True Blood star Joe Manganiello in November 2015. She is also the mother of Manolo, 24, with ex-husband Joe Gonzalez.
Earlier this year she filed legal documents in California asking the court system to block Loeb from trying to take control of their embryos, which remain frozen at a fertility clinic in Los Angeles.