Sofia Vergara Sued by Her Own Frozen Embryos in Bizarre Legal Battle

Sofia Vergara poses, hands on hips
Sofia Vergara (Photo: Pascal Le Segretain/Getty Images)

According to the New York Post, Sofia Vergara is being sued by her own embryos, who have been named Emma and Isabella, for refusing them a right to life.

The Modern Family actress is currently locked in a bitter and bizarre legal battle with her former fiancé, Nick Loeb, after he filed a suit last year to protect and bring to term two fertilized eggs.

The couple created the eggs in 2013 and planned to implant them into a surrogate during their relationship, but they split the following year and Vergara decided she didn’t want children with Loeb.

A right-to-live lawsuit has been filed on behalf of the embryos in Louisiana, a traditionally pro-life state.

Sofia Vergara and Nick Loeb
Sofia Vergara and Nick Loeb in 2014. (Photo: Brian To/WENN)

Documents state that Emma and Isabella have been deprived of an inheritance from a trust that has been created for them in Louisiana, because they have not been born.

The suit asks the frozen embryos be given to Nick to be implanted in a surrogate so they can live and receive the trust, which would fund their healthcare and education. It also requests Sofia’s parental rights be terminated and that the Hot Pursuit star pay her former partner’s legal fees.

Vergara — who is now married to Joe Manganiello and has a 24-year-old son, Manolo, from a past relationship — and Loeb, 41, had signed a contract at the ART Reproductive Center in Beverly Hills when they created the embryos in 2013, which stated neither could use the embryos without the consent of the other.

“There is a contract that he can’t do anything,” the actress told Howard Stern on his SiriusXM radio show on Monday. “We wrote what we wanted at the time. It’s not like a contract [where] they give [it to] you right there the moment they’re gonna take the eggs out — no, they give you this in advance. You see it, you review it, and not only that, we did it two times. … Two times and suddenly you want to change your mind?”

Joe Manganiello and Sofia Vergara
Joe Manganiello and Sofia Vergara (Photo: Getty Images)

However, the new lawsuit argues the agreement should be deemed void as it didn’t say what should happen if they split and it violated California code and Louisiana law.

Loeb filed to protect the embryos in California in 2015, but the 44-year-old actress’s legal team applied to force the socialite and businessman to identify two former lovers who had had abortions during his relationships with them, and he dropped the case.

In his original suit, he claimed his former flame wanted to keep the embryos “sitting in a freezer until the end of time” which would be “tantamount to killing them.”

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