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The relationship is over, but the bad memories—and a couple of frozen embryos—linger on.

April 17, 2015

UPDATE (April 30, 2015): Yesterday, Nick Loeb wrote a New York Times op-ed titled "Our Frozen Embryos Have a Right to Live." In it, Loeb says he wants to be able to carry both embryos to term. He offers to pay all associated expenses and "take on full parenting responsibilities" and have Vergara declared an egg donor. "Keeping them frozen forever is tantamount to killing them," he writes.

The relationship is over, but the bad memories—and a couple of frozen embryos—linger on.

There’s a new custody battle brewing in Hollywood; one that makes Halle Berry’s dustup with baby daddy Gabriel Aubry look like a day at Malibu Beach.

Modern Family’s sultry star, Sofia Vergara, and her former fiancé Nick Loeb are duking it out in court over a pair of frozen embryos the couple created when they were together.

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Loeb, who filed the papers in California under the name John Doe, is looking to stop Vergara (named as Jane Doe in the court documents) from having the option to destroy the embryos the two created via in vitro fertilization. The couple called it quits in May of last year after two attempts to conceive via surrogacy failed.

The papers, which were first revealed by In Touch Weekly, state that Loeb “seeks to ensure that the Female Embryos are not destroyed, but Jane Doe [that would be Vergara] refuses to agree to their preservation under all circumstances.”

It goes on to say that near the end of their relationship, according to the New York Post, “John attempted to get Jane to agree that, if one of the parties should die, the other party should control the Female Embryos. Jane refused to even respond to this request, apparently because she hoped for the female embryos to ultimately be destroyed.”

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Adding to the crazy, Loeb also accuses Vergara of being abusive during the couple’s tumultuous four-year relationship, alleging she “punched him the face on two occasions,” hurled a phone at his head (can you hear me now?!) and attacked him on multiple occasions, including—wait for it—while the two were at a fertility clinic named in the suit.

Gee, it kind of makes you wonder why Loeb would want a Mini-V, right? Well, a source, who talked to the New York Post, claims that moral beliefs, not necessarily a desire to use the embryos, are the reason for the move. “Nick believes life begins at conception, that life is life, it is horrible to keep them frozen, these are his babies," the unidentified source said. "He hopes the filing will be a test case for how frozen embryos should be handled.”

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