NEW YORK – Actress Sofia Vergara’s former fiancé, businessman Nick Loeb, said that he has sued Vergara for the custody of two embryos fertilized by both as he intends to fulfill his dream of becoming a father.
Loeb was in a relationship with the Colombian actress from 2010 till May 2014.
Despite the engagement, the couple’s relationship did not culminate in a wedding though both had decided to fertilize embryos to be implanted in a surrogate womb.
Loeb had earlier confirmed to The New York Times about the possibility of him suing the ‘Modern Family’ actress over the issue.
Loeb filed the lawsuit last August in Santa Monica, California, under a pseudonym, and despite his attempts to keep the matter a secret the information was leaked, he told the Times.
Loeb says he intends to become a father, even though he has another partner now, and cannot allow the two lives that they created to “be destroyed or sit in a freezer until the end of time.” “For as long as I can remember, I have dreamed of being a parent,” insists the businessman.
Vergara’s lawyer has denied any intention of the actress to destroy the two embryos and insisted that she wants to keep them frozen.
“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 circumstance,” said her lawyer.
The agreement signed between the couple in 2013 did not establish what would happen in case the couple separated, however Loeb insists that there are precedents in which “frozen embryos have been carried to term” against the wishes of one of the partners who fertilized them.
He also said that during their first attempt at freezing the embryos, the implantation of the first embryo failed and the second was miscarried by the surrogate mother.
According to Loeb, after fertilizing two more female embryos, plans to find another surrogate were postponed and when he gave an ultimatum to Vergara, she refused and decided to separate.
“I asked her to let me have the embryos, offering to pay for all expenses to carry our girls to term and raise them,” added Loeb.
“In my opinion, keeping them frozen forever is tantamount to killing them,” insisted Loeb.