On Friday, a judge granted Nick Loeb permission to file a revised complaint against his former fiancé, Sofia Vergara. The complaint alleges that Vergara violated an oral agreement to bring embryos created using her eggs and Loeb’s sperm to term via a surrogate, Gawker reports.
He originally filed suit in August 2014, and in April 2015, he wrote an op-ed for The New York Times clarifying his position. “Vergara, who has happily moved on with her life, is content to leave the embryos frozen indefinitely as she has no desire to have children with her, which should be understandable given the circumstances,” Loeb, 39, wrote.
“In my view,” he continued. “Keeping them frozen forever is tantamous to killing them.”
Vergara, however, has remained adament about her position: she has not given her consent to use the embryos, thus they will not be brought to term.
“I don’t want [Loeb] to take more advantage of my career and try to promote himself,” she said on Good Morning America earlier this month. “This shouldn’t be out there for people to give their opinion when there’s nothing to talk about. There are papers signed.”
The Modern Family star — whose son, Manolo, graduated from college last week — hasn’t ruled out the possibility of having more children, however. She recently told Redbook that she would love to have children sooner rather than later with fiancé Joe Manganiello. “I tell him if we’re going to [have children], we have to do it, now, because I don’t want to be 50 with a baby,” Vergara said.