Sofia Vergara Battles Ex-Fiance Nick Loeb In Unusual Custody Case

Modern Family star Sofia Vergara is battling an unusual custody case with ex-fiance Nick Loeb. While most relationships that meet a disastrous end after producing children are expected to wind up in court, the one involving Sofia Vergara is different in that the children involved are still embryos.

Nick Loeb wrote a piece for the New York Times (you can read it in its entirety here) in which he explains his reasoning for wanting to bring the two embryos, both girls, into the world. According to him, each time he has requested the embryos he created with Sofia Vergara, she has refused. A document signed at the time the embryos were created states both parties must agree to move forward with bringing the girls to term.

During their four year relationship, the couple talked about having children. Sofia Vergara was pursuing her acting career at the time, and agreed to have children on the condition that embryos were created and a surrogate would carry them to term. Their first attempt did not take, and the second ended in miscarriage.

“With her [Sofia Vergara] eggs and my sperm we created two female embryos. I was so excited once the lives were created that I began to suggest names we could call our girls. The first embryo we implanted didn’t take. The second time, the surrogate miscarried, and I felt crushed. “A year later, we tried again, creating two more embryos, both female. But as we began to discuss other potential surrogates, it became clear once more that parenthood was much less urgent for her than it was for me. We had been together for over four years. As I was coming on 40, I gave her an ultimatum. When she refused, we split up.”

The break up did not end Nick’s desire to see his children born. He approached Sofia with the offer to cover all expenses related to having the embryos carried to term, and would assume all responsibility for them if Sofia Vergara was not interested in acting as their mother. He went so far as to state he would have Sofia listed as an egg donor if that is what she preferred. Vergara refused to agree.

“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?”

Nick Loeb is determined to win the case to bring life to the children he created with Sofia Vergara. Do you think he has that right, or should Sofia have the final say?

[Image via Kisielek]