The battle over Sofia Vergara’s embryos took an extraordinary turn Tuesday — when a right-to-live lawsuit was filed on behalf of the fertilized eggs against their mom.
The female embryos are listed as plaintiffs “Emma’’ and “Isabella” in Louisiana court papers, which come amid Vergara’s knock-down, drag-out legal battlewith former fiancé Nick Loeb, sources told The Post.
Loeb had already sued the “Modern Family” star in California for custody of the embryos, which the couple created when they were still together in 2013.
The potentially landmark new case in Louisiana — a traditionally pro-life state that offers special legal protections for frozen embryos — also lists the embryos’ “trustee,’’ James Charbonnet, as a plaintiff, sources said.
The lawsuit contends that Emma and Isabella, by not being born, have been deprived of an inheritance from a trust that has been created for them in Louisiana, according to sources.
It asks that the frozen embryos be given to Loeb so that they can live and receive the trust set up for them, which would fund, among other things, their health care and education, the sources said.
The suit accuses Vergara of refusing “to allow her daughters Emma and Isabella to continue their development, so they remain frozen in a tank,’’ sources said.
It also contends that a contract that Vergara and Loeb previously signed at the ART Reproductive Center in Beverly Hills should be voided since it violated California code and Louisiana law, according to sources.
The contract said neither party could use the embryos without the consent of the other. But the lawsuit argues that it didn’t say what should happen if Loeb and Vergara were to split.
Vergara also bullied Loeb into signing one part of the agreement saying that if either or both of them died, the embryos were to be “thawed with no further action taken,’’ according to sources, citing the suit.
Loeb, a 41-year-old businessman, spends his time between New York and Florida but has ties to Louisiana. He graduated from Tulane University in New Orleans and still serves as a reserve police officer in the state, according to sources.
In 2013, the then-happy couple first turned to in vitro fertilization to have a child of their own.
The new court filing says that on March 4, 2013, Loeb and Vergara exchanged messages about the embryos after learning they had created five, sources said.