Ever since the Modern Actress split from her ex fiancé Nick Loeb, the pair have been locked in a bitter battle over a pair of Sofia’s fertilised eggs, which have been frozen. The once-engaged couple made the decision to freeze the embryos as part of in-vitro fertilisation (IVF) treatment in 2013, when they were still a couple.
Emma and Isabella
After their engagement ended in 2014, businessman Loeb, 41, sued Sofia, 44, for custody of the two frozen eggs, in a case which is still ongoing. However, the plot has now thickened, with a lawsuit, according to Page Six, being filed on behalf of the two female embryos, whose Loeb has named: Emma and Isabella.
The papers, which have been filed in Louisiana, are said to argue that by not being born, Emma and Isabella are being deprived of benefiting from a trust fund that has been set up for them. The lawsuit reportedly asks that the frozen embryos be given to Loeb so that they can be placed in a surrogate and live, and therefore receive the inheritance that has been set aside for them. It would appear that Loeb chose to file the case in Louisiana as it's a state that has special legal protections for frozen embryos.
The legal documents also reportedly state that the contract that Sofia and Loeb entered into when they were going through the IVF process – which states that both parties' consent must be obtained for the eggs to be taken to term – is invalid.
Sofia Fights Back
Sofia, who is now happily married to Magic Mike actor Joe Manganiello, 39, has fought back through her own lawyers and insisted that she wants to keep the embryos frozen and stated that Loeb's most recent court case is just an attempt to keep himself in the public eye. Her lawyer said: "If it is really a family that Loeb wants, he should hire a surrogate and an egg donor and create one without dragging Vergara through another unnecessary legal battle”.