If you thought that Modern Family star Sofía Vergara’s battle for the fertilised embryos she has with her ex Nick Loeb couldn’t get any weirder, it just did. A lawsuit has been filed on behalf of the eggs, who have already been named ‘Emma’ and ‘Isabella’.
The embryos were created in 2013 following two unsuccessful rounds of IVF treatment. The couple split in 2014, leaving the two unused embryos that they have been fighting over ever since.
In April of last year, The New York Times published an op-ed written by Loeb (41) in which he argued that he should be allowed to use the frozen embryos he created via IVF with Vergara (44), despite having previously signed an agreement stipulating that nothing could be done to the embryos without the consent of both parties. Sofía’s legal team have previously stated that the actress wants the embryos to remain frozen:
“Vergara has never suggested that she wished to have the embryos destroyed. She has always maintained that they be kept frozen, a fact of which Loeb and his counsel have always been aware, despite Loeb’s statements to the contrary.
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.”
However, Businessman Loeb, who has a personal fortune of about 15 million dollars, has argued that the agreement which did not expressly state what would happen to the embryos if the couple separated (a requirement under California law) should be voided. The actress has moved on from her split with Nick and has since married True Blood and Magic Mike actor Joe Mangianello (39).
Court papers filed in the US state of Louisiana and obtained by the New York Post, name the female embryos as plaintiffs in the lawsuit. Although Loeb is behind the suit, a ‘trustee’ for the embryos has been named as James Carbonnet; his relationship to either Nick or Sofía remains unclear. The new lawsuit also states that Loeb wants full custody so that he can have the embryos implanted in a surrogate, with Vergara having no parental rights.
The unusual lawsuit claims that embryos ‘Emma’ and ‘Isabella’ are being deprived of the inheritance and trust fund (to provide for their health care and education) that Loeb has set up for them. It is thought that the suit was filed in Louisiana because of the state’s traditionally pro-life stance. If a judge allows the case to go forward, it could mean a landmark ruling on the controversial issue.
OK! magazine reports that Loeb has dropped a seperate lawsuit against his ex this week after a judge ruled that he would have to identity two women he impregnated who subsequently had abortions. Fred Silberberg, Sofía’s lawyer, wanted to question the women in court as their actions contradicted Nick’s pro-life stance, which has played a major part in his current lawsuit.
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