Highlights
- Sofia Vergara and her ex-boyfriend Nick Loeb engaged in a legal battle over the custody of their frozen embryos, but ultimately the court sided with Vergara.
- Despite losing the lawsuit, Loeb has continued his pursuit and recently filed another lawsuit against the IVF clinic they used, claiming they did not discuss the fate of the embryos in the event of a breakup.
- The first lawsuit was dropped, but now the embryos' trust holder has filed a separate lawsuit against Vergara, alleging that she "abandoned" the embryos and asking to terminate her parental rights.
Sofia Vergara has been through a lot and accomplished a lot during her career. Even though early on, a cancer diagnosis threatened her success, the actress went on to star in Modern Family and earned critical acclaim. She has also made big personal moves in her life; she's had two marriages, had one child, and gotten involved in some legal drama with another notable ex.
It turns out that at least one of Sofia's exes really wanted to have kids with her, even if she wasn't too keen on the idea. The whole thing wound up in court, but even after the case was settled, that wasn't the end of the story for Sofia's genetic material.
Sofia Created Embryos With Her Ex Nick Loeb
Sofia Vergara seemed to have wanted more kids at one point. During her four-year relationship with Nick Loeb, the two became engaged and created embryos together.
It's unclear whether the former couple used any embryos during IVF attempts; one source says they created five but used three, a text shared in court quotes Nick as saying there were "4 frozen lives," and still other sources say there were only ever two embryos.
The two started dating in 2010, but when they broke up in 2014, Nick Loeb filed for custody of the pair's two embryos. Ultimately, the court case ended without granting Loeb the right to use the embryos, which made sense given that the two had a contract that stated one couldn't use the embryos without the other's consent.
By filing his court case in Louisiana, Loeb relied on the state's stricter laws surrounding the storage and use of embryos, but in the end, that didn't matter. The case ended (Loeb dropped it) when the court agreed with Sofia's request to talk to two different women who had apparently fallen pregnant by Loeb but had abortions afterward.
Nick later claimed that the verdict had more to do with Sofia's fame than anything else, but either way, the case ended in 2017. That wasn't the end of the legal issue for Sofia, however, nor was it the end of Nick Loeb's attempts to 'save' the embryos.
Nick reportedly filed another lawsuit in 2023 against the IVF clinic he and Sofia used, alleging that the office didn't go over specific terms with the former couple. Loeb claimed that the clinic never discussed what might happen to the embryos, which he considers children, should the two break up.
At this point, it doesn't appear that Sofia is still involved in the legal proceedings, though she did sue Nick in 2016 to ensure he couldn't use the embryos without her consent (the terms of their original contract); she won that suit in 2021.
After Nick Loeb Dropped His Suit, 'The Embryos' Sued Sofia Vergara
After Nick Loeb was unsuccessful in court against Sofia, he didn't exactly give up. He might not be able to sue Sofia any longer, but that doesn't mean he can't sue other people—or that other people or entities can't sue the actress.
The case also earned the attention of various organizations, including some pro-life ones. This was largely due to one important detail.
Nick Loeb's previous arguments attempted to use Louisiana laws (which is the only law regarding "conferring personhood on embryos" in the States) because he and Sofia apparently broke up in Louisiana. He also had a hand in creating a trust for the two embryos, also in Louisiana. Though the embryos were created in California, Loeb apparently used the argument that Louisiana law applied to his case.
Once the case against Sofia failed, another suit was lodged, immediately after Nick Loeb withdrew his original suit. This time, it was a seemingly unrelated party—the person who holds the embryos' trust—who filed.
The case, again relying on Louisiana law, comes from James Charbonnet and alleges that Sofia "abandoned" the two embryos (named Emma and Isabella in the lawsuit). The suit asked to terminate Sofia's parental rights, which would then allow Nick Loeb to organize surrogates and attempt to have the embryos born.
For Sofia's part, she has apparently stated she wants the embryos frozen indefinitely.
Will Another Lawsuit Mean Sofia Vergara Has To Have Two More Children?
Though some lawyers quoted by The Daily Beast called the lawsuit "frivolous" and "tenuous," there was some legal standing, given the Louisiana laws. It's anyone's guess whether a judge will be sympathetic to Nick Loeb's continued campaign, or whether the suit will again be thrown out since the genetic material the former couple created has always been kept in California.
Regardless, it seems Nick Loeb won't give up easily, and it's possible he could file additional lawsuits if his second proves as unsuccessful as his first.
As for Sofia Vergara, during the initial lawsuit with Nick Loeb, she was preparing to marry Joe Manganiello. Now, she is going through a divorce from her second husband, and while she hasn't shared exactly why they split, fans are wondering what went wrong, and questioning whether Sofia's reluctance to have more children had anything to do with it.
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