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Sofia Vergara’s ex-fiancé goes to court over frozen embryos

Nick Loeb and Sofia Vergara, pictured in January 2014. Jason Merritt / Getty Images

TORONTO — Actress Sofia Vergara is fighting with her former fiancé over two frozen embryos.

Nick Loeb has filed a lawsuit in California seeking an order that would prevent Vergara from destroying two cryopreserved embryos they created six months before they split up in 2013.

The lawsuit, which refers to the plaintiff and defendant as “John Doe” and “Jane Doe” respectively, was originally filed last August but caught the attention of In Touch when it was amended earlier this month.

According to the documents, Loeb “seeks to save from destruction two cryopreserved Female Embryos created using [Loeb’s] sperm and [Vergara’s] ova for the purposes of attempting to have children. However, before the Female Embryos could be implanted in a surrogate, the Parties ended their relationship.”
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Loeb, 39, “seeks to ensure that the Female Embryos are not destroyed, but [Vergara] refuses to agree to their preservation under all circumstances.”

Vergara, 42, was engaged to Loeb in 2012. The couple split in May 2014.

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Loeb’s lawsuit claims he attempted to get Vergara to agree that if one of them dies, the other one will control the embryos. He alleges Vergara “refused to even respond to this request, apparently because she hoped for the female embryos to ultimately be destroyed.”

The lawsuit also contains allegations that Vergara was “physically, emotionally and mentally abusive” during their four-year relationship. Loeb claims she “punched him in the face on two occasions, kicked him, and threw her phone at his head” and told him he was a “loser” and “worthless.”

Vergara’s reps have not commented on the lawsuit. None of the allegations have been proven in court.

The Modern Family star, who has a 22-year-old son from a previous relationship, is currently engaged to actor Joe Manganiello.

In the current issue of Vanity Fair, Vergara said it would be “weird” to have another child but she’s not completely against it.

“Joe wants babies,” she said, “and if it’s going to make him super-happy, then…”

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