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Sofia Vergara wins frozen embryo legal battle after six years as judge rules against ex Nick Loeb

Nick Loeb and Sofia Vergara on red carpet
Sofia Vergara and Nick Loeb’s legal battle is finally be over (Picture: Getty Images)

Sofia Vergara has won the ongoing legal battle over her frozen embryos, with a judge ruling against her ex Nick Loeb. 

The Modern Family actress had been embroiled in a court case for six years with her former fiance, who was fighting for consent to use the eggs

Sofia, 48, and Nick, 45, began dating in January 2010 and announced their engagement in 2012. The following year, they created the frozen pre-embryos through IVF at the Art Reproductive Centre in Beverly Hills.

Nick desperately wanted to use the embryos despite their break-up but a judge this week granted a permanent injunction at the LA County Superior Court, according to TMZ. 

This means the contract which they both signed in 2013 remains valid and Nick would need to have Sofia’s permission if he wanted to use them for his own purposes.  

Their contract reportedly states that one party cannot use the ‘cryopreserved material’ to create a child without the written consent of the other person. 

The ruling comes just weeks after Nick lost his court appeal to obtain custody of the frozen embryos. 

Nick Loeb and Sofia Vergara at the Oscars
The former couple originally agreed neither could use the frozen embroyos without consent (Picture: Getty Images)

In January, the Fourth Circuit Court of Appeal in Louisiana ruled against Nick’s case and upheld a dismissal seeking custody of the pre-embryos.

Nick first filed a lawsuit against Sofia in 2015 and later attempted to move the case to Louisiana. 

The court shot this down stating that he is ‘not domiciled in, does not maintain a residence in, and does not have the intent to be domiciled or a resident of any parish in the State of Louisiana’, which is why it resumed in LA. 

Reacting to the court’s decision last month, Nick’s rep told People: ‘We will be appealing to the Louisiana Supreme Court.’ 

The legal dispute has been turbulent to say the least – in October 2019, Vergara was ordered to pay Loeb $80,000 (£58,000) in legal fees. 

In 2016, a right-to-live lawsuit was taken against Sofia by three plaintiffs, Vergara’s embryos, named ‘Emma’ and ‘Isabella’, and their ‘trustee’ James Charbonnet. 

Nick requested custody of the embryos in order for them to live and ultimately inherit a trust fund set up in their names. The case was dismissed in Louisiana – a pro-life state – in 2017 as the embryos were created in California.

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