Sofia Vergara 'insisted assistant be surrogate in legal fight over frozen eggs with Nick Loeb'

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Recent reports suggest that the Colombian-born actress insisted her 44-year-old assistant be a surrogate despite her now ex's objections
Loeb has filed a lawsuit to stop Modern Family actress destroying two frozen embryos, according to legal documents obtained by InTouch
Embryos were fertilized using her eggs and his sperm six months before their split in November 2013, it is claimed
Former couple previously tried to use surrogate to have children twice during their relationship, but procedures failed, according to the lawsuit
But the split before remaining embryos could be implanted, it is alleged
Lawsuit also claims that Vergara was 'physically and mentally abusive' to Loeb during their almost-four-year relationship

Published: 02:11 EST, 17 April 2015 | Updated: 05:00 EST, 17 April 2015

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Sofia Vergara allegedly insisted her 44-year-old assistant be the surrogate for her and then fiancé Nick Loeb.

The revelation comes just after reports that the former couple are embroiled in a legal fight over her frozen eggs, which they planned to have children with before their bitter split.

According to a Thursday report by Page Six, Loeb claimed that Vergara demanded her friend and employee serve as the surrogate over his 'objections as well as the recommendations of the parties’ doctor'.

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New development: Sofia Vergara allegedly insisted her 44-year-old assistant be the surrogate for her and then fiancée Nick Loeb despite his reported objections

The New York Post column also reported that the American businessman said the actress paid her friend $200,000 in gifts and mortgage payments and that a embryo was implanted in the woman on two separate occasions in 2013 with neither surviving.

A source for the publication added: 'Sofía insisted on it. She said the assistant was the only person she could trust.'

The insider added that Loeb would like to keep the embryos in tact to have his own children: 'He told Sofía he would raise the children himself, they would be very well taken care of. He wouldn’t sue her for child support. She would have no parental responsibility. She refuses to allow him to take charge of the embryos.'

On Wednesday it was reported Loeb has filed a lawsuit in California in a bid to prevent the Modern Family actress from destroying two cryopreserved female embryos created through IVF, according to InTouch.

Legal fight: A magazine claims Nick Loeb has filed a lawsuit against his ex-fiancee Sofia in a bid to prevent her from destroying two cryopreserved female embryos created through IVF, pictured here in 2011

Vergara’s representatives declined to comment on the allegations when contacted by DailyMail.com on Wednesday.

Court documents, filed under pseudonyms Jane and John Doe, detail how the couple fertilized embryos using her eggs and his sperm six months before their split in November 2013.

Loeb, 39, is seeking to ensure the female embryos are not destroyed, but Vergara has refused to 'agree to their preservation under all circumstances,' according to the legal papers.

The lawsuit was first filed in August 2014 before it was refiled again on April 1 with updated information and after Loeb sought new legal representation.

Another claim in the documents is that, previously, the pair twice had eggs implanted in a surrogate, but the procedure failed.

Elsewhere in the lawsuit, it is claimed 42-year-old actress Vergara - who got engaged to True Blood hunk Joe Manganiello on Christmas Day after six months of dating - was 'physically and mentally abusive' to Loeb.

Wrangle: The lawsuit has been filed under the pseudonyms John and Jane Doe

No directive: Ultimately, the outcome will be at the discretion of a judge, but it would be unlikely that Loeb would be able to use the embryos without Sofia's consent, according to a legal expert who spoke to InTouch

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, Vergara - 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 - who she dated on-off for almost four years - planned to use a surrogate on the account that she had thyroid cancer in 2000 and, as a result, had a lot of radiation.

Complicated matter: In this page of the document it states Sofia and Nick were planning on using a gestational surrogate in 2012 to start a family and that Sofia had insisted on using a 44-year-old friend and emloyee

Arduous process: After the first two embryos failed to implant in the first surrogate the couple looked for another suitable candidate

Getting ugly: Page five of the document further details Sofia and Nick's disagreements over the usage and disposal of the embryos and also alleges Sofia was physically, emotionally and mentally abusive to him

InTouch has previously 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 might 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...'

The complicated legal wrangle with Loeb still stands, though.

Sofia Vergara on freezing her eggs

Moving on: The Modern Family actress is now engaged to Joe Manganiello and there are rumours the couple are planning to have children of their own via a surrogate

Other documentation obtained by InTouch which forms part of the lawsuit shows that Jane Doe (Vergara) asked that the embryos be destroyed in the event of her death, while Loeb refused to agree to this condition.

No agreement was made between the couple about what would happen to any frozen eggs in the event they ended their relationship.

Ultimately, the outcome will be at the discretion of a judge.

However legal experts told InTouch that it would be unlikely that Loeb will be able to use the embryos without Sofia's consent.

Mom-of-one: Sofia has a 23-year-old son Manolo from her first marriage, pictured together here in 2014 at HBO's Golden Globes after party in Los Angeles