Sofia Vergara‘s ex Nick Loeb on Monday (March 26, 2021) lost his final appeal in Los Angeles to gaining custody of frozen pre-embryos the former couple created while they dated.
Vergara, 48, and Loeb, 45, ended their engagement in 2014 after undergoing in vitro fertilization. They have been locked in a court battle over the embryos for years. In 2017, the Modern Family alum filed court documents to block Loeb from having access to the embryos without her written consent.
Last month, a judge ruled in Vergara's favor by granting a permanent injunction, which blocks Loeb from creating a child “without the explicit written permission of the other person.” The judge also sided with Vergara over the “Form Directive” the exes signed at a fertility clinic. The directive stipulated that the two have to agree on matters involving the embryos.
A judge against Loeb's challenges to the Form Directive. “In accordance with the express terms of the Form Directive, any unilateral action undertaken by Loeb that seeks to cause the implantation of the Embryos in a surrogate, or by other means of gestation, constitutes a violation of the Form Directive,” the docs state.
The judge ruled that Loeb's past defense of being under “duress” when he signed the Form Directive “is not void or voidable.”
The judge's injunctive relief also rules that Loeb is prohibited from using the embryos or suing on behalf of them. Vergara's ex-fiance was also found to have “materially breached” the Form Directive by setting up a trust for the embryos under Louisiana law, suing on behalf of the embryos, and attempting to create juridical persons from the embryos, the judge states, among other examples.
In a statement following the latest development, Loeb told People on Wednesday (31Mar21), “The judge was clearly influenced by Hollywood, which is a pattern I expose in my upcoming film Roe v. Wade on April 2, 2021. It's sad that Sofia, a devout Catholic, would intentionally create babies just to kill them.”
Oof. Sure, Nick.
