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 .