"What judge is going to say okay?"

Court Rules Sofia Vergara's Ex Cannot Use Her Frozen Embryos Without Consent

Court Rules Sofia Vergara's Ex Cannot Use Her Frozen Embryos Without Consent

Sofia Vergara's ex-fiancé Nick Loeb lost his court case where he hoped to get permission to use the embryos they had frozen while they were together. The Modern Family actress had a lot to say about the strange situation.

Nick Loeb had bold plans to conceive a child with his ex Sofia Vergara's egg and his sperm! He has been fighting to use the embryos since the pair broke up in 2015 and now a court finally ruled on the case. 

Sofia Vergara's Ex Tries To Use Her Embryos Without Permission

Nick Loeb and Sofia Vergara were an item since 2010, became engaged in 2012, and split in 2014. Sofia then married True Blood star, Joe Manganiello at the end of 2015. 

While Nick and Sofia were engaged they created embryos to freeze using his sperm and her eggs at a cryopreservation clinic in California. The two had signed a contract saying neither party could use the embryos without both party's consent but Nick filed for custody of the embryos (of which he named Emma and Isabella) after he and Sofia broke up. 

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Nick Loeb and Sofia Vergara in 2014.

According to Bio News, Loeb dropped this original suit when Sofia's attorneys requested Loeb "identify two previous lovers who underwent abortions after he impregnated them." He then filed again but this time with the embryos "Emma and Isabella" as plaintiffs citing religious purposes and requesting the court to "Give them the right to live."

He even took the case to Louisiana in hopes of using their embryo laws declaring embryos as "judicial persons." This case was dropped as the New Orleans court had no jurisdiction over the embryos in question.

Loeb then wrote an op-ed piece about their embryo battle for The New York Times stating: "We signed a form stating that any embryos created through the process could be brought to term only with both parties’ consent. The form did not specify — as California law requires — what would happen if we separated. I am asking to have it voided."

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Sofia Vergara and Nick Loeb at the Emmy's in 2012.

Sofia Vergara's Ex Cannot Use Her Frozen Embryos

Entertainment Tonight reports that a Los Angeles Superior Court judge just ruled a permanent injunction stating the contract Loeb and Vergara originally signed with the Beverly Hills fertility clinic is still valid. Sofia has finally won the difficult and tense case.

After the judge's ruling, People reported that Loeb stated the judge "was clearly influenced by Hollywood," and that "It's sad that Sofia, a devout Catholic, would intentionally create babies just to kill them."

She told Howard Stern on his radio show, "There is a contract and he can't do anything. We wrote what we wanted at the time, it's not like a contract they give you right there the moment they're gonna take the eggs out --no, they give you this in advance. You see it, you review it, and not only that, we did it two times... Two times and suddenly you want to change your mind?"

"What judge is going to say OK? Even if it's life or not life, it's not what he signed at the moment. You know, you should have thought about all of that." Sofia believes it would not be fair to the child either, if he used the embryo.

"More than a mother, [a child] needs a loving relationship of parents that, you know, get along, that don't hate each other. I don't hate him but obviously, he has a problem with me... I wouldn't imagine anyone saying to bring to the world kids that already have everything set up wrong for them. It'd be so selfish."