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Sofia Vergara’s ex claims their frozen embryos have a ‘right to life’

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Nick Loeb and Sofia Vergara in 2013. The legal battle between the former couple raises questions over the ethics of embryo storage. Photo: AFP

Actress Sofia Vergara’s former fiance says in a newspaper column that he sued the Modern Family star to protect their frozen embryos because he 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 Wednesday on the New York Times website that as the child of divorced parents he 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.

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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 fertilised 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.

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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, what would happen to the embryos if they separated.

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