The Sofia Vergara Frozen Embryo Debate
Who should get the embryos?
Sofia Vergara’s ex-fiance Nick Loeb is suing the actress to protect two female embryos the couple created while they were together. In a New York Times op-ed, he said he will raise the children alone if he has to.
The embryonic custody dispute has been the source of much debate and criticism.
When a couple creates frozen embryos, who has the right to them when the relationship dissolves?
Some point to the contract Loeb, 39, and Vergara, 42, signed as proof that Vergara is within her rights to refuse him the embryos. Loeb writes the following in The Times:
We signed a form stating that any embryos created through the process could 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.
Loeb says he is pursuing the case because he’s passionate about becoming a parent. He started dating Vergara in 2010 and the couple got engaged in 2012. In 2013 they decided they would use in-vitro fertilization and a surrogate to have children. But, according to Loeb, Vergara became less interested in having kids so he gave her an ultimatum, which resulted in their split.
Some sympathizing with Loeb mention a double standard, as does Loeb in the Times:
“A woman is entitled to bring a pregnancy to term 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?’’ Loeb writes.
He then points to two legal cases where women with cancer were awarded custody over embryos against the father’s wishes because it was their last chance to have a biological child.
Vergara’s lawyer, Fred Silberberg, told people.com in a statement earlier this month, “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 ex, which should be understandable given the circumstances.’’
Writes Loeb, “In my view, keeping them frozen forever is tantamount to killing them.’’
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