--- description: The unusual custody battle over Sofía Vergara’s frozen embryos became more complicated when the actress was sued by the fertilized eggs title: Sofía Vergara Sued By Her Embryos in Bizarre Custody Battle image: https://static.time.com/v3/assets/bltea6093859af6183b/blt1364029620ddbd8a/6988b20aa988ca3b086ba61d/gettyimages-610468084.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 ---  * [motto](/tag/motto/) ## motto Update your preferences in [Account Settings](/account/preferences/) Close # Sofía Vergara is Being Sued By Her Frozen Embryos in a Bizarre Custody Battle by [Feliz Solomon](/author/feliz-solomon/) ## Feliz Solomon Update your preferences in [Account Settings](/account/preferences/) Close Dec 7, 2016 6:28 AM CUT  Sofia Vergara at the 68th Annual Primetime Emmy Awards in Los Angeles on Sept. 18, 2016 Sofia Vergara at the 68th Annual Primetime Emmy Awards in Los Angeles on Sept. 18, 2016Axelle/Bauer/FilmMagic/Getty Images by [Feliz Solomon](/author/feliz-solomon/) ## Feliz Solomon Update your preferences in [Account Settings](/account/preferences/) Close Dec 7, 2016 6:28 AM CUT The unusual custody battle over Sofía Vergara and her former-fiancé Nick Loeb’s frozen embryos became even more complicated on Tuesday when a lawsuit was [filed against](http://pagesix.com/2016/12/06/sofia-vergara-sued-by-her-own-embryos/ "undefined") [the actress ](http://pagesix.com/2016/12/06/sofia-vergara-sued-by-her-own-embryos/ "undefined")on behalf of the fertilized eggs. According to an article by the New York _Post_, which was published on celebrity news site Page Six, the suit was filed on behalf of the two female embryos—referred to as “Emma” and “Isabella”—in a Louisiana court contending that they have the right to live and are entitled to a trust that was meant to fund their healthcare and education. Vergara, who stars in the TV series _Modern Family_, has been [entangled](http://time.com/3841502/nick-loeb-sofia-vergara-frozen-embryo/ "undefined") in a bitter legal battle with Loeb since the couple split in 2014\. When they pursued in-vitro fertilization in 2013, Vergara and Loeb signed a contract requiring mutual consent to use the embryos. While she argues that should be the end of the story, the new suit claims the agreement did not specify what would happen to the embryos in the event of a break-up. Loeb wants to have full custody, and possibly implant them in a surrogate. If won, the potentially precedent-setting case in the traditionally pro-life state of Louisiana would see the embryos handed over to Loeb, void prior agreements, and strip Vergara of parental rights. Her lawyer has reportedly said that she would prefer to keep the embryos “frozen indefinitely.” As a Catholic, she believes the fertilized embryos should never be destroyed, the _Post_ reports. In an op-ed [published](http://www.nytimes.com/2015/04/30/opinion/sofiavergaras-ex-fiance-our-frozen-embryos-have-a-right-to-live.html "undefined") by the New York _Times_ in 2015, Loeb argued that he should be allowed to decide the fate of their unborn children. “A woman is entitled to bring a pregnancy to term even if the man objects,” he wrote. “Shouldn’t a man who is willing to take on all parental responsibilities be similarly entitled to bring his embryos to term even if the woman objects?” Vergara, however, claims that her former fiancé is trying to take advantage of her celebrity to “promote himself,” according to the _Post_. \[[_New York Post_](http://pagesix.com/2016/12/06/sofia-vergara-sued-by-her-own-embryos/ "undefined")\] ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/4593154/sofia-vergara-nick-loeb-ivf-embryos/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/4593154/sofia-vergara-nick-loeb-ivf-embryos/"},"headline":"Sofía Vergara is Being Sued By Her Frozen Embryos in a Bizarre Custody Battle","datePublished":"2016-12-07T06:28:33.000Z","dateModified":"2026-04-13T09:04:03.082Z","description":"The suit claims the embryos are entitled to a trust that was meant to fund their healthcare and education","url":"https://time.com/4593154/sofia-vergara-nick-loeb-ivf-embryos/","keywords":["motto","celebrities"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blt1364029620ddbd8a/6988b20aa988ca3b086ba61d/gettyimages-610468084.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Feliz Solomon","jobTitle":null,"url":"https://time.com/author/feliz-solomon/"}],"articleSection":"","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blt1364029620ddbd8a/6988b20aa988ca3b086ba61d/gettyimages-610468084.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"68th Annual Primetime Emmy Awards","caption":"68th Annual Primetime Emmy Awards","creditText":"Axelle/Bauer/FilmMagic/Getty Images","representativeOfPage":true}],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"/tag/motto/","name":"motto"}},{"@type":"ListItem","position":2,"item":{"@id":"https://time.com/4593154/sofia-vergara-nick-loeb-ivf-embryos/","name":"Sofía Vergara is Being Sued By Her Frozen Embryos in a Bizarre Custody Battle"}}]}] ```