Sofia Vergara‘s ex-fiancé is returning to the courtroom to continue the battle for the frozen embryos the couple created while together.
After a legal battle that dates back to 2014, the business man is not done yet and has now set his eyes on suing the fertility clinic.
The pro-life advocate claims the doctors at ART Reproductive Center in Beverly Hills never made him aware that upon the couple splitting, the embryos would be destroyed, or that Vergara could block him from accessing them.
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In a sworn declaration submitted Friday, the film director said the fertility clinic was obligated to provide him and Vergara with an advance written directive as to what would be done to the embryos in various circumstances, including the separation of them as partners.
According to Loeb, ART never provided the couple with such a form or had such a discussion with them.
“I never would have gone forward with creating what Sofia and I regarded as lives if I knew that she would not consent, or that she wanted to thaw and destroy the embryos, in the event of a breakup,” Loeb said in the filing.
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Loeb further admitted that during the couple’s time together he had shared his views about when life begins.
“I am pro-life and pro-parenthood and my religious views are such that I believe that life begins at conception,” Loeb said.
“Throughout the course of our relationship, I expressed these views to Sofia, who similarly expressed to me that she was a devout Catholic and therefore also believed that life begins at conception. She told me that she regarded embryos as ‘lives.'”
A year after the couple’s 2014 split, Loeb filed an initial lawsuit in California against Vergara in a bid to bring to term two female embryos that they had created and planned to use with a surrogate.
When that judge ruled in favour of Vergara, Loeb sued again in Louisiana, one of the most aggressively anti-abortion states in the country. He created a trust for the embryos in the state in an attempt to give them legal personhood status.
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After the Louisiana case was thrown out, Vergara filed to have her ex blocked from accessing the frozen pre-embryos and in 2021 Loeb lost the court battle with the judge imposing a permanent injunction blocking him from the embryos.
It remains unclear whether the embryos have already been destroyed or not.
Loeb is now seeking damages from ART to cover his legal fees. In terms of the limits of what he can claim, a judge previously ruled that he would not be able to claim emotional distress damages for not having the children.
Vergara already has an adult son named Manolo and has been married to 46-year-old actor Joe Manganielle since November 2015.
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