Jamie Graham & Associates, PLLC

High-profile child custody case centers on embryos

Many Texas residents are familiar with actress Sophia Vergara, one of the stars of the hit show Modern Family. Vergara is one of the highest-paid actresses on television, but she's making recent headlines over her ongoing child custody battle centered on two frozen embryos. She and her former partner have been fighting over control of the embryos since they split in 2014. 

Vergara's ex, Nick Loeb, wants to implant the embryos in a surrogate and bring them to term. Vergara strongly opposes that course of action. The case has been moved from one court to another, at one point reaching a federal court. A recent decision brought the matter back before a state court. Vergara is expected to ask the court to reconsider that change. 

The initial case was filed in a West Coast court, but Loeb dropped that suit and moved the case to a state with a much stronger pro-life approach. The matter is now proceeding as a child custody case and not an issue of property rights. There's no word on whether Loeb intends to pursue child support from Vergara if he succeeds in bringing one or both of the embryos to term. 

As this case demonstrates, these matters can become very complicated when a couple decides to part ways. Texas residents who are planning to use frozen embryos to add to their family should take precautions to outline how the embryos should be managed in the event the union ends. Otherwise, both parties could find themselves in a lengthy and bitter child custody fight.

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At Jamie Graham & Associates, PLLC, we have received a variety of honors and awards for our family law services. Members of our team have been listed as Top Lawyers in San Antonio Scene magazine. We take pride in the number of positive reviews we have received from satisfied clients. On AVVO, a lawyer rating website, we have received an 8.9 rating overall and many positive ratings from clients and colleagues.

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