Vergara Heads To Court Over Frozen Embryo Battle - Zukerman Law

Vergara Heads To Court Over Frozen Embryo Battle

Here’s an interesting topic to think about. If you were married to someone and have your embryos frozen, would you want them to be used in the future in the case of divorce? Would you want someone you no longer love or live with to become a solo parent to your child? If your answer is no, then you may want to read about Sofia Vergara’s case being tried in Canada.

According to the story, Vergara and her former fiance had frozen embryos created through in-vitro fertilization. Normally, patients may choose to have these embryos implanted later, but in this case, Vergara doesn’t want them to be used at all. Her former fiance has a differing opinion, and that has brought them to court.

Her former fiance is now seeking custody of the embryos, because he wants to become a parent and doesn’t want the embryos to be destroyed or frozen indefinitely. He allegedly does not want any kind of child support and is willing to pay for a surrogate to carry the children.

Will courts agree with him? The likelihood is not, according to some people working with the case. It would be hard for a court to rule in favor of making a person a parent when he or she does not want to be one. If this is the man’s last chance of having children, then there is a possibility that the court could rule in his favor, though. For example, if he can no longer produce viable sperm, then this could be a reason to allow the use of the frozen embryos, even though Vergara doesn’t want them to be used.


Stuart Zukerman

Stuart Zukerman, a graduate of the University of British Columbia, has over 32 years of experience in litigation with a focus on Family Law, Personal Injury, Wrongful Dismissal claims, and Collaborative Divorce & Mediation. He has extensive trial experience in divorce, child custody, spousal support, asset division, and ICBC injury claims. As an accredited Family Law Mediator, he helps resolve disputes without court intervention. Stuart has also authored papers on family law and lectured at CLE courses.