Sofia Vergara
IN PHOTO: Sofia Vergara, 40, shared a photo of herself getting an anti- aging treatment at the famed Beaute Oblige clinic in New York. REUTERS/Jonathan Ernst

“Modern Family” star Sofia Vergara is reportedly facing a lawsuit filed by her ex-fiancé Nick Loeb. The case relates to the ownership of two fertilised embryos created by the former couple that have since been frozen. Loeb is reportedly seeking custody and full control of the embryos in order to stop Vergara from destroying them if she so chooses.

According to a report by CNN, Loeb is concerned that Vergara might choose to destroy the two female embryos that have been conceived with the help of in vitro fertilisation using Vergara’s eggs and Loeb’s sperm. The procedure was reportedly done back in November 2013 when the couple were engaged and planning for a future family. The couple broke up in May 2014 and the two embryos have since been left in limbo awaiting their fate.

While copies of the lawsuit published by several publications only listed the plaintiffs as “Jane Doe” and “John Doe,” CNN confirms that Loeb’s representative has confirmed that it was the businessman who filed the suit. The anonymity in the papers is reportedly meant to protect the privacy of the high-profile plaintiff and defendant. According to the report, Art Reproductive Center in Beverly Hills is the place where the embryos are currently being held. The health facility is also one of the defendants in the suit.

The suit seeks to stop Vergara from destroying the embryos until a final agreement has been reached. There is no confirmation as to whether or not Vergara actually has any intentions of destroying the embryos. At the time of her engagement to Loeb, the couple reportedly tried two surrogate implantations in order to bring a baby to full term but both attempts failed.

Loeb is willing to take over all responsibilities regarding the possible children should he be able to successfully find a surrogate to bring the embryos to term. In a statement, he said: “Where a man does want to become a father, and wants to impose no obligations on the other party, he should have that corresponding right.”

Vergara had previously spoken about the embryos and said that she and Loeb did it to plan for their future. She also stated that the act was more important to Loeb who had never had any children. Vergara has a grown son called Manolo. According to Forbes, the case is expected to be a groundbreaking precedent to any future disputes involving embryos conceived by consenting adults who eventually decide to part ways.

For questions/comments regarding the article, you may email the writer at: c.caparras@ibtimes.com.au