The couple split in 2014, but Loeb has been trying to gain custody rights of the embryos for years.


Sofia Vergara's ex Nick Loeb is still fighting for custody rights of frozen embryos the couple produced via in vitro fertilization before they broke off their engagement in 2014. The Colombian actress, 48, is now happily married to actor Joe Manganiello and wants to leave this chapter of her life behind her, but Loeb has been pursuing the embryos for several years. (Vergara is already a mom to son Manolo, 29, from her first marriage to high-school sweetheart Joe Gonzalez.)

Last Wednesday, a Louisiana court ruled in Vergara's favor, People reports. On January 27, the Louisiana Fourth Circuit Court of Appeals dismissed a lawsuit by Loeb, 45, seeking to obtain custody of the pre-embryos.

The Modern Family star filed a petition in California in 2017 to block Loeb from having access to the frozen pre-embryos without her consent. The former couple created the frozen pre-embryos in Beverly Hills in 2013 while they were still together. Although Loeb's case to gain full custody of the pre-embryos to bring them to term was previously dismissed, he attempted again in a Louisiana court.

Sofia Vergara y Nick Loeb demanda
Credit: JEAN-BAPTISTE LACROIX/AFP via Getty Images; Dimitrios Kambouris/Getty Images for Michael Kors

The court found that Loeb "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" and it was not the proper jurisdiction for him to file his suit.

"It is clear that Mr. Loeb blatantly engaged in forum shopping when he selected, in concert with a member of the bar ... Plaquemines Parish to file the instant lawsuit, with full knowledge that it was the improper venue," reads the court documents obtained by People. "Their behavior brings disrepute to and makes a mockery of the Louisiana legal system and the bar and is abhorrent."

Loeb's attorney told People: "We will be appealing to the Louisiana Supreme Court." Vergara has not commented on the issue.

"I've offered to her to waive all financial responsibilities," Loeb said in 2015. "I want these children to have the best lives possible. There's nothing more that I want to do than bring these children to life."

That same year, the actress told Good Morning America: "I've been working very hard for 20 years to get to this point where I am. I promote all my movies, all my work, but I don't like promoting my private life. And I don't want to allow this person to take more advantage of my career and try to promote himself and get press for this."