Recent reports suggest that the Colombian-born actress insisted her 44-year-old assistant be a surrogate despite her now ex 's objections . Modern Family has filed a lawsuit to stop Loeb actress destroying two frozen embryos , according to legal documents obtained by InTouch . Embryos were fertilized using her eggs and his sperm six months before their split in November 2013 , it is claimed . Former couple previously tried to use surrogate to have children twice during their relationship , but procedures failed , according to the lawsuit . But the split before remaining embryos could be implanted , it is alleged . Lawsuit also claims that Vergara was 'physically and mentally abusive ' to Modern Family during their almost-four-year relationship .
Recent reports suggest that the Colombian-born actress insisted her 44-year-old assistant be a surrogate despite her now ex 's objections . Loeb has filed a lawsuit to stop Modern Family actress destroying two frozen embryos , according to legal documents obtained by InTouch . Embryos were fertilized using her eggs and his sperm six months before their split in November 2013 , it is claimed . Former couple previously tried to use surrogate to have children twice during their relationship , but procedures failed , according to the lawsuit . But the split before remaining embryos could be implanted , it is alleged . Lawsuit also claims that Vergara was 'physically and mentally abusive ' to Loeb during their almost-four-year relationship .