The pair, who ended their engagement in May 2014, have been in a legal battle over the frozen pre-embryos since 2017.

Por Alma Sacasa
Abril 01, 2021

On Monday, Nick Loeb's final attempt to obtain the frozen pre-embryos he created with the actress Sofia Vergara, 48, was rejected in a Los Angeles court. Loeb, 45, said in a statement that "the judge was clearly influenced by Hollywood, which is a pattern I expose in my upcoming film Roe v. Wade on April 2. It's sad that Sofia, a devout Catholic, would intentionally create babies just to kill them." 

The pair, who ended their engagement in May 2014, had gone through the in vitro fertilization process in 2013 at the ART Reproductive Center in Beverly Hills. In 2017, Vergara filed legal documents in California to block Loeb from using the embryos without her written consent.

Earlier this month a judge ruled in the actress's favor, citing the "Form Directive" they both signed at the fertility clinic agreeing that both parties had to agree in order to do anything with the embryos. 

Nick Loeb Sofia Vergara
Credit: Uri Schanker/WireImage

According to People, the court documents from the ruling state that any action by Loeb "to cause the implantation of the Embryos in a surrogate, or by other means of gestation, constitutes a violation of the Form Directive." Loeb argued that he signed the form under "duress," but the court found that "the Form Directive is not void or voidable based on Defendant Loeb's duress defense as to its execution."

It was also found that there is no "material fact" supporting his previous claim that he and Vergara had an "oral agreement" that would allow him to implant the embryos in a surrogate.

He also attempted to obtain legal status for the embryos in Louisiana, suing on behalf of the embryos to gain custody and parental rights over them. The Louisiana court also sided with Vergara and dismissed Loeb's lawsuit.