Nick Loeb seeks custody of Sofia Vergara’s embryos

23 May 2015 | Author: | No comments yet »

Judge Allows Sofia Vergara’s Ex-Fiance To File New Lawsuit For Embryos.

Actress Sofia Vergara and Nicolas Loeb attend HBO’s Post 2014 Golden Globe Awards Party at Circa 55 Restaurant on January 12, 2014 (credit: Mike Windle/Getty Images) SANTA MONICA (AP) — Sofia Vergara’s ex-fiance will be allowed to file an amended lawsuit seeking custody of two embryos he created with the “Modern Family” star, a judge ruled Friday. Court papers from and Nick Loeb’s lawsuit over frozen embryos show just how messy their fight has become – with the businessman accusing the Modern Family star of physical and emotional abuse.

Prior versions of the lawsuit filed in August and April did not specifically ask for the right to bring the two cryopreserved female embryos to term against Vergara’s wishes. Though the 41-year-old aactress recently told Redbook her relationship with with fiancé Joe Manganiello, 38, has been “so easy,” her breakup with Loeb, 29, has been anything but. Loeb, who dated Vergara for several years before breaking up last year, sued the actress in August seeking a ruling that the embryos could not be destroyed.

A proposed version of the new complaint states that Loeb and Vergara had a verbal agreement to create viable embryos, “setting life in motion,” and then implant them in a surrogate without fail. Vergara’s attorney opposed allowing the amended lawsuit, arguing during a hearing that Loeb has failed to state a viable legal claim to the embryos. A lawyer for the Colombian-born actress tried to fight Loeb’s right to file a new amended complaint Friday, claiming Loeb’s lawyer Christina Goodrich is dragging her feet and already missed her chance to overhaul the case. Loeb, who is currently suing Vergara to prevent her from destroying two embryos the conceived through in vitro fertilization before the split, now claims he was abused during their relationship. The fight over the embryos started off as an anonymous Jane Doe case but got leaked to the press in recent weeks and culminated with Loeb writing an op-ed piece in the New York Times.

In the court documents obtained by PEOPLE, Loeb alleges Vergara “physically abused him on four separate occasions: she punched him in the face on two occasions, kicked him, and threw her phone at this head.” “I don’t want to allow this person to take more advantage of my career and try to promote himself and get press for this,” she told Good Morning America earlier this month. He wrote that the battle had “nothing to do with the rights over one’s own body, and everything to do with a parent’s right to protect the life of his or her unborn child.” “There is no legal issue,” he said in court, arguing that both parties signed a consent form requiring the agreement of both parties before any action could be taken with the embryos. For now, Vergara seems to be putting the drama behind her and was recently all smiles in Boston at her son Manolo’s college graduation, which she attended with Manganiello.

She has stated through her lawyers that she does not want the embryos used or destroyed – rather held in the same frozen state they’ve been in since the couple parted ways. He included a series of text messages allegedly exchanged with Vergara in March 2013 after they learned their IVF treatment resulted in multiple viable embryos.

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