Sofia Vergara and her ex-fiancé Nick Loeb battle over embryos.
In court documents filed in August but recently revealed, Loeb is reportedly suing Vergara in order to save the embryos they’d had frozen during their relationship. Loeb and Vergara created two frozen embryos with Loeb’s sperm and Vergara’s eggs. After the split and with Vergara’s wedding coming up, Loeb wants to make ensure that Vergara won’t destroy them.
On Good Morning American Vergara referenced the said embryos: “We just wanted to plan ahead. My boyfriend Nick, he’s three years younger than me and he’s never had a son, so I wanted to make sure I already froze some eggs. I wanted to take advantage of science. Why not?”
Allegedly, the documents between the couple only address what would happen to the embryos following death—not divorce or separation.
“You’re talking about, essentially, an out-of-body baby, potentially,” legal analyst Robin Sax said. “Where this case is going to rise and fall is in the documents from the IVF folks, because what happens is that there are all kinds of contracts that are supposed to address all these potential situations. [These particular documents] only address what would happen in death. They did not address what would happen in divorce or separation beforehand.”
According to Sax, Vergara might win out in this case should it be pursued further. “The court is likely to say no one can be forced to procreate if they didn’t want to. If they can’t come up with a unified decision, it is likely that that embryo will be destroyed.”