they have requested that nick loeb, their biological father get custody of them and let them live.d like custody of them. he had been fighting for a couple of years to get custody of them. something sofia vergara did not want. she does not want them to be born. he does want them to be born. so forget this nutty case for a moment, who does when embryos exist, who does have custody? >> this is one of the areas where the law is trying to catch up with technology. and frankly the rules are -- are in flux at the moment. but i mean i think the lesson to people who may be listening is that when an embryo is created, it is important for the mother and father, the people who created the embryo, to agree in advance and in writing how the embryos are going to be handled. >> if they break up. >> if they break up. if something happens -- >> somebody dies. that it's very important to des ignite how these are going to be handled. because once you don't designate it, it can wind up in the court and frankly, this is an area in terms of ownership of embryos that is very unsettled under the law. >> l

. >> nick loeb is not a police in the plaintiff in the lawsuit. the embryo's are being stored at a clinic in lawsuit was filed in louisiana, and it would establish nick loeb has their sole parent. >> she's now married to a actor, joe muonelo. it refers to the embryos as emma embryos. the suit asked for nick loeb to have full custody, and as sophia as the egg donor. the statement noting that the eggs are still technically preembryos, and if it's unnecessary legal battle. a trust was created for the fertilized eggs in louisiana, which has laws that allows an embryo to sue a person. the suit claims that by preventing them from being born, vergara is depriving those future children of their inheritance. >> the caveat is that the state of louisiana is very pro-life, and while this mig vergara. >>> while this might seem like case, in louisiana a judge could say i will protect the lives of these two embryos. >> loeb told me last year these embryos are his highest priority. >> why go the other way? we are talking about equal rights, and why err on the sid

while they were together, vergara and nick loeb signed a contract agreeing that neither party could useryos without the consent of the other. the contract didn't say what should happen if they were to split. >> i think he is trying to take advantage of a potentially more pro-life state and in, uhm, a political environment where things may be in flux. >> the court documents have named the two embree i don't see isabela and emma. in the state of louisiana, a fertilized egg is considered a person with rights. vergara has been fighting to keep the embryos indefinitely frozen. >>> coming up in the next half- hour trapped with no way out. the final moments of the oakland fire victims who have no warning before the deadly smoke appeared. >> and the surprise no show as barbara boxer gives an emotional farewell to the senate. ,, this is my park. i'm like the mayor here. i know every bench, every tree, every squirrel -- -hey, what's up, andy. -andy: hey! same with my banking. with my bank of america mobile banking app, i can see my accounts all in one place. i can easily manage them and if someth