Sofía Vergara’s former fiancé, Nick Loeb, has filed a lawsuit in California to prevent her from destroying two cryopreserved female embryos created through in vitro fertilization, 'In Touch Weekly' is reporting exclusively.
Court documents obtained exclusively by 'In Touch' reveal that just six months before their split, in November 2013, Nick and Sofía had embryos created as a result of his sperm and her eggs being fertilized.
Nick, who filed the suit under the pseudonym John Doe, “seeks to ensure that the Female Embryos are not destroyed, but Jane Doe [Sofía] refuses to agree to their preservation under all circumstances,” the document obtained by 'In Touch' states. (The lawsuit was originally filed in August 2014; it was amended with new information and refiled on April 1 after Nick sought new representation.)
The court papers also claim the 42-year-old actress “was physically and mentally abusive” to Nick on numerous occasions. “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,” according to the papers.
'In Touch' has also learned, via the documents, the couple previously used a surrogate and twice unsuccessfully had their embryo implanted in her. “Nick has always wanted to be a father and will do whatever it takes to save these two remaining female embryos,” an insider close to the situation tells 'In Touch.' “Nick is very emotionally invested in these female embryos because he’s pro-life and believes life begins at conception.”
The court documents also state “John seeks to save from destruction two cryopreserved Female Embryos created using John’s sperm and Jane’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,” adding that Sofía “hoped for the Female Embryos to ultimately be destroyed” but “John does not desire for the Female Embryos to be destroyed.”
Sofia and Nick in happier times. (Photo Credit: Getty Images)
The documents claim that when Nick and Sofía met at the California-based fertility center on Nov. 16, 2013 — four months after their engagement and prior to undergoing a second round of IVF — they got into a heated argument about what should happen to the new embryos in the event of their death. (The center provided forms to the couple for a decision about what would happen in the event of death — but not separation, Nick claims in the document. Because of this, he is also suing the center to prevent them from destroying the embryos.)
Sofia and her current fiancé, Joe Manganiello. (Photo Credit: Getty Images)
“Jane insisted that in such a circumstance, the Female Embryos be thawed with no further action,” state the documents. “John did not agree with Jane and refused to initial his agreement regarding that term.”
“Jane insisted that John agree to the destruction of the Female Embryos under that circumstance, and began vigorously berating him in the offices,” the documents claim, adding that Sofía had a history of physically and emotionally abusing Nick. “John Doe signed this portion of the Former Directive, even though he did not agree with it, in order to avoid further abuse.”
Both parties have remained tight-lipped since the court documents were released, with neither responding to requests for comment. The pair did, however, step out in opposites sides of the country and seemed happy despite the scandal.
Nick was spotted drinking cocktails with friends at a private event in New York City's Provocateur, to celebrate the Tribeca Film Festival premiere of Phillip Cohen’s new movie 'The Road Within,' while Sofia and her current beau Joe Manganiello put on a united front while performing at the Film Independent at LACMA in Los Angeles, California (above).
For all the details inside the explosive court documents, pick up the new issue of 'In Touch Weekly,' on newsstands now!