On May 1, 2015, it was reported that Vergara and her former fiancé Loeb were in dispute regarding the future of two embryos. These embryos were produced by in vitro fertilization while they were together and are in storage in cryopreservation in a medical clinic in California.  In December 2016, a right-to-live lawsuit against Vergara was initiated in Louisiana by three plaintiffs, namely Vergara's embryos, named "Emma" and "Isabella", and their "trustee", James Charbonnet. The purpose of the suit is to give the embryos a chance to further develop using a surrogate carrier, hence to be born, and to benefit from an inheritance trust that had been created for them and is administered by Charbonnet.  While a contract between Vergara and Loeb had been signed prior to the creation of the embryos stipulating that neither party could use the embryos without the consent of the other, the lawsuit tries to void this agreement.  The suit also tries to terminate parental rights of Vergara because by keeping them in a tank in a medical clinic she allegedly abandoned and neglected the embryos. Loeb is not part of the lawsuit. The legal case is novel and takes advantage of Louisiana's embryo laws.  In August 2017, a Louisiana judge dismissed the case on the grounds that the court had no jurisdiction over the embryos, which were conceived in California.