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Sofia Vergara is being sued by her own embryos - report

Sofia Vergara's legal battle with ex-fiance Nick Loeb over custody of their frozen embryos has intensified after a lawsuit was reportedly filed on behalf of the fertilised eggs.

The ongoing custody battle between the Modern Family actress and her former fiance Nick Loeb over frozen embryos appears to have become even more complicated, with Page Six reporting on Tuesday (06Dec16) that a new lawsuit has been filed on behalf of the fertilised eggs.

Loeb, 41, and Vergara, 44, froze the embryos as part of in-vitro fertilisation (IVF) treatment in 2013, when they were still a couple.

After their engagement ended in 2014, the businessman sued Sofia in California for custody of the two eggs which remain frozen, a case which is still ongoing.

On Tuesday, it emerged that a suit had been filed on behalf of the two female embryos, naming them 'Emma' and 'Isabella' as plaintiffs in the case.

According to editors at the New York Post's Page Six, legal papers filed in the state, which has laws containing special protections for frozen embryos, contend that by not being born 'Emma' and 'Isabella' have been deprived of an inheritance from a trust that has been created for them in Louisiana.

The lawsuit also reportedly names a "trustee" for the fertilised eggs, James Carbonnet, as a plaintiff. It asks that the frozen embryos be handed to Loeb so that they can live and receive the trust set up for them.

The legal documents also reportedly contend that a contract Vergara and Loeb entered into at the California reproductive centre that administered the IVF treatment is invalid as it contravenes California and Louisiana law. The contract maintains that both parties' consent must be obtained for the eggs to be taken to term.

Sofia, who is now married to Magic Mike actor Joe Manganiello, 39, has insisted through her lawyers that she wanted to keep the embryos frozen.

Last month (Nov16), the landmark legal battle took another bitter turn when a California Court of Appeals judge insisted Loeb reveal the names of two women who allegedly terminated their pregnancies while he was dating them 20 years ago.

He subsequently refused to reveal the names, telling the New York Post, "I would rather go to jail than reveal the names. I believe we have to protect a woman's right to privacy."

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