As the fight over Sofia Vergara’s frozen embryos continues to rage on, the actress is facing two unlikely plaintiffs: her own fertilized eggs.
Nick Loeb, Vergara’s former fiancé, has listed the embryos ‘Emma’ and ‘Isabella’ in a right-to-live lawsuit he filed against the Modern Family star in Louisiana this week.
The lawsuit claims that the embryos, which were created in 2013, have been deprived of a trust that Loeb created for them in the state, according to Page Six.
Isabella and Emma have been deprived of this inheritance by not being born and should be allowed to live so they can receive that money, according to the suit.
It’s no coincidence Loeb filed the papers in Louisiana, a state that offers special legal protections for frozen embryos.
Loeb, 41, lives in New York and Florida but attended Tulane University in New Orleans and is still a reserve police officer in the state, sources told the site.
Text messages included in the filing reveal that, even when they were a couple, Loeb and Vergara, 44, were arguing about the embryos long before they split in May 2014.
In March 2013 the couple found out they had created five embryos.
Sources said Loeb then texted his fiancee: ‘You can’t keep 4 frozen lives forever or kill them, we will go to hell’.
She then told Loeb: ‘I’m doing it because I want you to have a baby.’
Vergara underwent two rounds of in-vitro fertilization but both failed. When the couple split up, Loeb allegedly texted her: ‘We still have those 2 frozen babys’.
The couple has signed a contract stating neither party could use the embryos without other’s consent.
But the new lawsuit argues that Loeb should have full custody over the embryos, which he wants implanted in a surrogate, and that Vergara should have no parental rights.
Meanwhile, Vergara’s legal team is arguing that Loeb is using his newfound pro-life stance to gain more publicity for his fight over the embryos.
Loeb dropped a different lawsuit against Vergara in California on Tuesday when a judge ruled he would have to identity two women who had abortions after he impregnated them.
Fred Silberberg, Vergara’s lawyer, said he wanted to question both women in court as their own actions contracted Loeb’s current pro-life stance.
‘Oddly, Loeb wants us to believe that he supports a woman’s right to privacy and to make a choice concerning reproduction,’ Silberberg told Page Six.
‘However, he seems to believe that his celebrity ex-fiancée, Sofía Vergara, does not have those same rights, especially if it means giving him more public exposure.’
Loeb has claimed that his beliefs in ‘right to life’ came after and as a result of the abortions.
He also previously wrote in a New York Times op-ed that he believes he is entitled to ‘bring his embryos to term’ because he is willing to ‘take on all parental responsibilities’.
Vergara wants to keep the embryos ‘frozen indefinitely’.
The actress has previously said that she believes that a ‘child needs a mother and a loving relationship with parents that get along, that don’t hate each other’.
‘I wouldn’t want to bring kids to the world where it is already set everything wrong for them,’ she added. ‘It would be so selfish.’
‘I’ve been working very hard for 20 years to get to this point where I am. I don’t want to allow this person to take more advantage of my career and try to promote himself.’
Vergara believes the contract the couple signed back in 2013 should have been the end of it.
‘There’s nothing to talk about,’ she said. ‘There’s papers signed.’
Vergara is now married to Magic Mike actor Joe Manganiello and has a son Manolo, 24, from her first marriage to childhood sweetheart Joe Gonzalez.