Nick Loeb and Sofia Vergara began dating in 2010. They were engaged in July of 2012 and after an on again off again relationship they ended everything for good in May of 2014.
But, while together they worked on trying to conceive a baby using a surrogate and when that didn’t work, two additional embryos were created.
Last year Nick Loeb sued Sofia to keep her from destroying those two frozen embryos that they created when they were still a couple.
And recently after going back to court, a judge ruled in Nicks favor and is allowing him to fight for custody of their embryos.
Nick Loeb refuses to back down and now, he and Sofia Vergara are heading back to court.
The revised complaint is the first time Loeb is seeking custody, and the paperwork includes a new claim that Vergara, 42, breached an oral agreement to create the embryos and bring them to term via a surrogate. “He does believe they are his daughters,” Loeb’s lawyer Christina Goodrich explained on Tuesday.
Vergara’s lawyer Fred Silberberg told the Santa Monica, Calif., court that Goodrich took too long to file this argument. “[The] plaintiff is using this lawsuit to continue to attack [Vergara] in the press and continue to have his own visibility in the press,” he said.
As Vergara and Loeb signed a consent form that required they both have to agree before anything can be done with the embryos, Silberberg added, “There is no legal issue.”
Silberberg also made a statement in court that is the opposite of Loeb’s stanceand sure to have pro-life advocates up in arms: “Embryos are not children.”
When the 39-year-old businessman originally sued Vergara in August 2014, it was to ensure that the actress did not destroy the embryos. Through her lawyers, the Colombian-born actress has explained that she doesn’t want to use or destroy them but simply leave them frozen.