BEVERLY HILLS, CA - JANUARY 12: Nick Loeb (L) and actress Sofia Vergara attend the 71st Annual Golden Globe Awards held at The Beverly Hilton Hotel on January 12, 2014 in Beverly Hills, California. (Photo by Jason Merritt/Getty Images) (2014 Getty Images)
Sofia Vergara’s former fiancé longs to become a parent and doesn’t want the “two lives” they created to “be destroyed or sit in a freezer until the end of time.”
Businessman Nick Loeb wrote in an op-ed in the New York Times on Wednesday that he sued the “Modern Family” star because as a the child of divorced parents, he has yearned to have the kind of family depicted in artist Norman Rockwell’s iconic paintings.
He said when he was in his 20s, his girlfriend had an abortion and the decision was "entirely out of my hands." Later, he married a woman with whom he tried to have children with the help of a fertility specialist. The marriage eventually ended.
When he and Vergara became engaged, he said, he began "to push for children" but she insisted they use a surrogate. He said initially two fertilized embryos were created. The first one implanted didn't take and the surrogate miscarried the second. "I felt crushed," he wrote.
Two more embryos were created before their relationship ended. He said he was willing to take full parental responsibility if Vergara didn't want to share custody, but she refused.
The two had signed a form stating that any embryos they created could only be brought to term if both of them agreed. Loeb said the form didn't specifically say, as California law requires, who would happen to the embryos if they separated.
"A woman is entitled to bring a pregnancy to term even if the man objects," he said. "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 said Vergara's lawyer has told reporters that she wants to keep the embryos frozen indefinitely. "In my view, keeping them frozen forever is tantamount to killing them," he said.
Loeb wrote that people have asked him why he doesn't just move on and have a family of his own. "I have every intention of doing so," he said. "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."
He said he takes the responsibility of being a parent seriously. "This is not just about saving lives; it is also about being pro-parent.”
A lawyer for Vergara, 42, has denied the charges Loeb made in the lawsuit, saying it was “uncredible” and lacked “merit.”
"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," the lawyer concluded in his statement.
Based on reporting by the Associated Press.
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