'Modern Family' Actress Sofia Vergara Continues Legal Battle With Nick Loeb On The Frozen Embryo Lawsuit

Then-couple Sofia Vergara and Nick Loeb have been battling each other in court since 2014 over two embryos they froze with the intention to use before they broke up. The pair signed a contract  that they could not use the embryos without each other's consent. This is stated in the contract that they signed with ART Reproductive Center in Beverley Hills.

It can be remembered that Award-winning actress Sofia was then engaged to businessman Nick Loeb when she made the decision to have the embryos frozen, which they planned to bring to term using a surrogate. However, they called of their engagement and Sofia has since married fellow actor Joe Manganiello, according to Mirror.co.uk.

Loeb failed in getting full custody the first time around. However, he filed a new law suit with a new strategy that his legal team are confident to win the case. According to Page Six, however, family law attorneys are not so confident.

Court papers have been filed in pro-life US state Louisiana, which has given the embryos names referred to as "Emma" and "Isabella" and the lawsuit is filed in their names as plaintiffs. James Carbonnet, who is listed as the eggs' 'trustee'. The problem, according to lawyer Michael Stutman, will be convincing a judge of the viability and personhood of the unborn children.

"The Supreme Court long ago decided that to achieve the status of a protected human life an embryo has to be able to survive on its own. With these embryos being unable to do that, they probably have as much legal protection to exist as your sofa," he told Page Six.

The embryos have been deprived of an inheritance from a trust that has been created for them in Louisiana for they have not yet been born, the documents claim. The field suit asks that the two embryos be given to Loeb so they can be born and receive the trust fund with will be used for their education and healthcare. In the said suit also, it requested for the termination of Vergara's parental rights, according to Telegraph.

Loeb and his legal team claim that Sofia wish to destroy the embryos which is denying them their right to life. Reproductive Law Center attorney Tom Pinkerton told International Business Times in April Loeb's case will hold little weight in court.

Neither Vergara nor Loeb has spoken out about the second lawsuit.