Actress Sofia Vergara’s ex-fiance Nick Loeb is using a trust as a procedural loophole to move the parties’ dispute over their embryos to a favorable jurisdiction. If he is successful, he will create a monumental precedent enabling litigants in embryonic disputes to have a back door into “pro-life” jurisdictions.

Loeb filed the case Dec. 7 in Jefferson Parish, Louisiana, naming the embryos “Emma” and “Isabella” as plaintiffs. Loeb seeks declaratory judgment directing the embryos to be implanted in a surrogate so they can receive an interest in a Louisiana trust.