Sofia Vergara and her former fiance Nick Loeb are embroiled in a legal fight over her frozen eggs, which they originally planned to use to have a child before their split.
Loeb has filed a lawsuit in California to try and prevent the Modern Family actress from destroying two cryopreserved female embryos created through IVF.
Vergara’s representatives declined to comment on the lawsuit.
The court documents, obtained by In Touch, were filed under pseudonyms Jane and John Doe.
They detail how the couple fertilized embryos using her eggs and his sperm six months before their split in November 2013.
You can view a larger version of the documents in the gallery:
Loeb, 39, is seeking to ensure the female embryos are not destroyed, but Vergara has refused to “agree to their preservation under all circumstances”.
The lawsuit was first filed in August 2014 before it was refiled again on April 1 with updated information and after Loeb found a new attorney.
It is claimed in the documents that the former couple tried twice to have the embryos implanted in a surrogate, but the pregnancies did not take.
In another part of the filing, Loeb claims that the 42-year-old beauty was “physically and mentally abusive” to him.
The documents state, “She punched him in the face on two occasions, kicked him, and threw her phone at his head. She also routinely bullied him, calling him a “loser,” “worthless” and other degrading names.”
In April 2013, the actress – who has a 23-year-old son Manolo from her first marriage – spoke publicly about having frozen her eggs and her desire to have more children.
She revealed that she and Loeb planned to use a surrogate on the account that she had thyroid cancer in 2000 and had a lot of radiation.
Sofia is now engaged to True Blood and Magic Mike hunk, Joe Manganiello, who proposed on Christmas Day after six months of dating.
Insiders have claimed that now Vergara and 38-year-old Manganiello have found a surrogate and plan to have children of their own.
The actress recently told Vanity Fair magazine that while having another child would be ‘weird’, it something she would do if it made Joe happy.
She told the magazine, “My son, Manolo, is 23 years old, which is going to be really weird if I have another baby. But, you know, Joe wants babies and if it’s going to make him super-happy, then…”
As for the fight over embryos between Nick and Sofia, that decision will be made by a judge.
Legal experts told In Touch that it would be unlikely that Loeb will be able to use the embryos without Sofia’s consent.
Click thumbnails for larger pictures