Well here is some real “modern family” drama for you. Actress Sofia Vergara’s ex-fiancé Nick Loeb is suing to prevent Sofia from destroying her in vitro fertilized eggs using his sperm because he still wants to have their baby!
In the lawsuit, initially filed in August of 2014 and recently amended earlier this month, Nick reveals that he and Sofia agreed to have her eggs fertilized by his sperm back in 2013. The in vitro fertilization process was completed, resulting in two successful female embryos, which were then frozen and are currently in storage in Beverly Hills.
In the amended lawsuit, obtained by In Touch, Nick and Sophia’s names are replaced by Jane and John Doe. Here are “The Facts” from that amended complaint with Nick and Sofia’s names substituted to avoid confusion:
NICK and SOFIA began a romantic relationship in 2010.
In July of 2012, NICK and SOFIA were engaged to be married and made plans to start a family. After consulting with physicians and staff at ART [Reproductive Center, Inc.], NICK and SOFIA decided to undergo IVF in order to create fertilized embryos using NICK’s sperm and SOFIA’s ova, and to have those fertilized embryos transferred to a gestational surrogate to carry the pregnancy to term.
NICK and SOFIA considered various surrogacy options. SOFIA insisted that her 44-year-old friend and employee serve as the Parties’ surrogate (“the Surrogate”), over NICK’s objections as well as the recommendations of the Parties’ doctor. The Parties retained joint counsel to draft a Gestational Surrogate Parenting Agreement to be entered into with the Surrogate, which confirmed that NICK and SOFIA “desire to have a Child biologically related to Intended Persons, and to take into their home the Child as their own.”
Although the Parties’ counsel expressly advised the Parties against compensating a gestational surrogate (and against using an employee as a surrogate), upon information and belief, without NICK’s consent, and over NICK’s repeated objections, SOFIA provided the Surrogate a variety of expensive gifts in exchange for her services. These gifts had a total value of approximately $200,000 and included mortgage payments for the Surrogate’s home.
In the spring of 2013, the Parties underwent their first round of IVF. NICK deposited sperm, SOFIA’s eggs were retrieved, and NICK and SOFIA directed ART to attempt to fertilize each of the received eggs. Two embryos, both female, ultimately survived to viability.
According to In Touch, Nick claims in the lawsuit that he and Sofia signed an agreement that the embryos should be thawed and destroyed if either Nick or Sofia were to die, but did not have a contractual agreement in place in the event of a separation. And according to Nick in the suit, he only agreed to the death clause after getting into a heated argument with Sofia — something he claims happened on other occasions as well.
From In Touch:
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.
“Nick has always wanted to be a father and will do whatever it takes to save these two remaining female embryos,” a source (probably very, very, very close to Nick Loeb) reveals to In Touch. “Nick is very emotionally invested in these female embryos because he’s pro-life and believes life begins at conception.”
There are so many gray areas here I don’t know what to think! My default is to side with Sofia because it doesn’t seem right that someone could choose to have your child without your consent, but I wonder if the roles were reversed if I wouldn’t be more sympathetic to the mother if she wanted to still have the child. I do not envy the judge in this one.