The ex-fiancé of Sofia Vergara is suing a reproductive center where the former couple had stored embryos in anticipation of having a family. He’s also trying to get the courts to stop Vergara from testifying during the trial for that lawsuit. The suit was filed in June 2020 in Los Angeles Superior Court, and says that Vergara and her ex, Nick Loeb, started dating in 2010 and got engaged in 2012. At that point, the couple began talking about whether they wanted to have a family.

They eventually agreed on working with ART Reproductive Services, LLC for the process of in-vitro fertilization. The first round of IVF, using a surrogate and two embryos, didn’t produce a child. In November 2013, a second round created an additional two embryos. The suit alleges that ART didn’t give Loeb and Vergara any opportunity to address what they wanted done with the embryos if they broke up, or if they didn’t pay their storage fees.

Loeb is arguing that failing to do that was a violation of the Health & Safety Code of the State of California. The attorneys for ART have listed Vergara as one of their witnesses, and have informed the judge of what they expect her to say. Their opinion of her testimony is that she will say she wouldn’t consent for the embryos to be used, and that she had already discussed with Loeb what would happen to the embryos if the couple broke up.

Loeb’s attorneys say that Vergara’s testimony doesn’t matter at all to the case at hand. Regardless of her testimony, ART still allegedly didn’t provide proper paperwork to the couple at the time. Vergara and Loeb have already been engaged in some court battles over the embryos, which Vergara has won. However, this new battle doesn’t yet have a trial date set. Loeb’s attorney’s argue that Vergara is well-loved and her testimony will be damaging to their client.

At The Surrogacy Law Center in Carlsbad, California, we work to help protect clients’ rights related to egg, sperm, and embryo donation, and in surrogacy arrangements, keeping state and other jurisdictional laws at the forefront. To learn more and to speak with an assisted reproduction attorney, contact us today!