Sofia Vergara is being sued for her two frozen embryos that she and former fiancé, businessman Nick Loeb made possible via IVF years ago. Vergara and Loeb separated in 2014. She is now married to Joe Manganiello. Loeb wants custody of the embryos, but Vergara hasn't given consent for them to be released to him. Because the legal battle has been going on for so long, a pro-life group in Louisiana is representing the frozen fertilized eggs and is suing the "Modern Family" actress.

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The unusual lawsuit

The unusual lawsuit calls for Loeb to be given sole custody of the embryos that he has named "Emma" and "Isabella." They are named in the lawsuit as the plaintiffs. The state of Louisiana has laws that allow an embryo to sue a person. That's why the lawsuit is being handled in Louisiana instead of in Los Angeles where the embryos are stored.

Vergara's attorney, Fred Silberberg says the lawsuit is just another attempt of Loeb to keep himself in the public eye by linking himself to Vergara.

Sofia Vergara sued by her frozen embryos - Photo: Blasting News Library - CNN.com - cnn.com
Sofia Vergara sued by her frozen embryos - Photo: Blasting News Library - CNN.com - cnn.com

Silberberg also explained that Loeb has given the embryos names as an attempt to get the public and the courts to be more sympathetic. The attorney believes Loeb should let Vergara get on with her life as a married woman.

Can Loeb win his case?

NBC News legal analyst Lisa Bloom believes Loeb could win his case. Louisiana's special legal protections for embryos could be in Loeb's favor because the state is pro-life. A judge could settle the matter by saying he is going to protect the lives of the frozen embryos.

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A law was passed in Louisiana in 1986 that embryos are considered to be people that have the right to sue and be sued.

Therefore, the judge could rule in the best interest of the embryos. Loeb has further accused Vergara of abandoning and neglecting Emma and Isabella because she has left them in a tank in a medical clinic for over three years. According to Loeb, she has refused to consent to their care and development. If the judge does grant the embryos to Loeb, this unique case could change family law.

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