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The available record does not confirm that a new person is trying to sue over Sofia Vergara and Nick Loeb’s embryos. It documents earlier California and Louisiana proceedings, plus a separate 2016 Louisiana filing made in the embryos’ names. A 2026 El Comercio search result says Loeb claimed he had sued Vergara over custody, but no surfaced court filing substantiates that claim.
What the California order required
A 2022 California appellate opinion describes an order requiring explicit written consent from both Vergara and Loeb before the embryos could be used to create a child. The opinion also describes injunction terms restricting Loeb from unilaterally suing on the embryos’ behalf or seeking exclusive custody or use without Vergara’s consent.
That is a description of the order and its scope—not proof that every possible person is barred from bringing any kind of lawsuit. The distinction matters when assessing a headline about “someone else.”
What happened in Louisiana
In a separate Louisiana proceeding, Loeb sought custodial rights over the embryos. The Louisiana appellate opinion says the embryos were stored at a reproductive facility in California and addresses jurisdictional and procedural issues. It is a different case from the California dispute over consent and the terms governing use of the embryos.
The embryos were named in an earlier lawsuit
In 2016, a Louisiana filing brought through a trust named the embryos as plaintiffs. TIME reported that the filing argued they had a right to live and to receive trust funds for healthcare and education. That was a historical filing, not evidence of a new lawsuit.
TIME also reproduced Loeb’s 2015 statement: “In my view, keeping them frozen forever is tantamount to killing them.” That was Loeb’s expressed position as a litigant, not a medical conclusion or a court finding.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Is someone else suing now?
The available record does not identify a new plaintiff or establish a current filing matching the headline’s claim. A 2026 El Comercio search result says Loeb asserted that he had sued Vergara over custody of the embryos; without a docket entry or the underlying filing, that secondary report does not establish that a new case exists. Nor should the 2016 embryos-as-plaintiffs case be presented as new.
Accordingly, the established account is the earlier California and Louisiana litigation and the historical trust-backed filing. Whether anyone else is now trying to sue remains unconfirmed by the court records and reporting described here.
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