The Latest on Sofia Vergara and Nick Loeb's Legal Battle Over Her Embryos

Actress' lawyer released a statement to E! News

By McKenna Aiello Dec 07, 2016 10:23 PMTags
Sofia Vergara, Nick Loeb, Golden Globes 2014Matt Sayles/Invision/AP

Sofia Vergara's ongoing legal drama with ex-fiancé Nick Loeb just took another turn. 

In documents obtained by E! News, a right-to-live lawsuit against the Modern Family actress was filed Tuesday on behalf of two embryos conceived by Vergara and Loeb in 2013. The fertilized eggs are listed as plaintiffs "Emma" and "Isabella" in the suit, and request that Loeb receive custody of the female embryos in order for them to live and ultimately inherit a trust fund that was created in their names. 

The documents state that Vergara has "effectively abandoned and chronically neglected" the embryos by "refusing to consent to their development or care." 

Following the case's newest development, a legal representative for Sofia released this statement to E! News Wednesday: "Next week the judge presiding over the case was to rule on Ms. Vergara's request for sanctions against Mr. Loeb for refusing to comply with a court order, and on her motion for summary judgment-seeking dismissal of the case he filed against her, attempting to get control of pre-embryos that he created with Vergara."

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"That genetic material was created pursuant to a written agreement that required both parties written consent to attempt to create a pregnancy. Apparently Mr. Loeb and his counsel, knowing that he was about to lose decided to attempt to save face by taking their proverbial ball and going home. Reports are out that Mr. Loeb has caused a lawsuit to be filed on behalf of the pre-embryos in Louisiana, essentially trying to get the same relief that he was trying to get through his failed legal attempt in California," it read.

In April 2015, Loeb filed a lawsuit to prevent the destruction of the embryos. Then in November of this year, a California judge ruled Loeb must name two of is ex-girlfriends who terminated their own pregnancies more than two decades ago in order for the case to continue.

Loeb told Page Six of his refusal to relinquish the information, "I would rather go to jail than reveal the names. I believe we have to protect a woman's right to privacy."

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And in the statement from Vergara's lawyer, he dismissed the suit's assertion that both are in fact at the embryonic stage of life.

"If these reports are true, this latest maneuver is nothing more than another attempt on the part of Loeb to keep himself in the public eye by keeping himself linked to Ms. Vergara. The media reports contend that Mr. Loeb has caused a lawsuit to be initiated claiming that the pre-embryos ­ which are not embryos, but rather frozen fertilized ova, have been given names by him and have a right to live," it continued.

The statement concluded, "Loeb apparently thinks that he will garner sympathy from the public and the courts through this latest maneuver, one that we believe will also result in failure. It is unfortunate that Loeb feels the need to keep himself linked to Vergara, who is happily married, by taking up more of our overburdened courts resources, preventing judges from focusing on real legal problems. 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."

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Vergara has been reluctant to address her legal turmoil publicly, and in a 2015 interview with Good Morning America, she put an end to the conversation once and for all.

"I've been working very hard for 20 years to get to this point," Sofia explained. "I don't like promoting my private life. I don't want to allow this person to take more advantage of my career and try to promote himself."

Additionally, the 44-year-old's attorney told E! News last year that Sofia "never suggested that she wished to have the embryos destroyed," but instead "is content to leave the embryos frozen indefinitely as she has no desire to have children with her ex..."

Sofia is now happily married to Joe Manganiello, and has a 24-year-old son with ex-husband Joe Gonzalez.