Sara McGinnis
posted in CelebritiesNick Loeb is speaking out in a big way about his battle with ex-fiancée Sofia Vergara over their two frozen embryos. Writing a piece for The New York Times about the "sanctity of life" he's fighting for, the 39-year-old businessman opened up about their on-again, off-again relationship and attempts to have a child together.
An excerpt from Nick's op-ed:
Last August, I filed a complaint in Santa Monica, Calif., using pseudonyms, to protecttwo frozen embryos I created with my former fiancée. I wanted to keep this private, but recently the story broke to the world. It has gotten attention not only because of the people involved — my ex is Sofía Vergara, who stars in the ABC series “Modern Family” — but also because embryonic custody disputes raise important questions about life, religion and parenthood.
When we create embryos for the purpose of life, should we not define them as life, rather than as property? Does one person’s desire to avoid biological parenthood (free of any legal obligations) outweigh another’s religious beliefs in the sanctity of life and desire to be a parent? A woman is entitled to bring a pregnancy to term even if the man objects. Shouldn’t a man who is willing to take on all parental responsibilities be similarly entitled to bring his embryos to term even if the woman objects? These are issues that, unlike abortion, have nothing to do with the rights over one’s own body, and everything to do with a parent’s right to protect the life of his or her unborn child.
He goes on to say they signed a form in 2013 that stated "any embryos created through the processcould be brought to term only with both parties’ consent. The form did not specify — as California law requires — what would happen if we separated. I am asking to have it voided."
Nick Loeb went on to talk about other cases similar to theirs:
My lawyers have identified 10 other cases in the United States in which a parent tried to have a fertilized, frozen embryo taken to term against the wishes of an opposing parent. In eight of those cases, the parent seeking custody lost. In the other two cases, one in Pennsylvania and one in Illinois, a woman was awarded custody of fertilized embryos over the man’s objections. In both cases, the woman had undergone chemotherapy treatment and the embryos were her last chance to have a biological child; judges ruled that the woman’s interest in becoming a parent outweighed the man’s interest in not becoming a parent. In the Illinois case (now on appeal), the judge found that the form the couple signed was not the binding contract, and instead enforced a verbal promise the man made to help the woman have children.
He added, "Many have asked me: Why not just move on and have a family of your own? I have every intention of doing so. But that doesn’t mean I should let the two lives I have already created be destroyed or sit in a freezer until the end of time."
The whole thing is mind-bogglingly complicated to me, and I don't envy the judge's position in having to decide what will become of their embryos. Forcing Sofia to have a child with her ex via surrogacy seems wrong to me, as does taking them away from Nick...as does leaving them sitting there frozen.
The only takeaway I can truly see here? It's becoming readily apparent parents who are having embryos frozen need to be triple-sure they have a solid contract in place.
What do you make of Sofia Vergara and Nick Loeb's case?
Photo: PR Photos
A look at celebrity parents who have successfully welcomed children via surrogacy:
