Actress Sofia Vergara is engaged to actor Joe Manganiello. Actress Sofia Vergara was engaged to businessman Nick Loeb until, according to the Huffington Post, the two split in May 2014. The three of them now find themselves in a very public debate over a very private matter.
While Loeb and Vergara were together, they decided to have a child via surrogate. The couple signed a contract and, through in vitro fertilization, created two or three sets of embryos using her eggs and his sperm. When they broke up, only two embryos remained.
Loeb has asked a California court to prevent Vergara from destroying the embryos. He says -- publicly, in an op-ed in the New York Times -- that he should have the right to see that the two embryos are brought to term and then to raise the children, with or without Vergara's involvement. He relies on both religious and legal arguments to make his case.
Loeb not only believes that life begins at fertilization, but he also believes the contract the couple signed before beginning the assisted reproduction process is void. The first part of the agreement states that both parties must consent to any attempts to bring the embryos to term.
The second part should have laid out who would have the ultimate say over the embryos if the couple split. In California, such agreements must include a provision. In this case, the agreement did not.
Here is where contract law steps into a family matter. We'll explain in our next post.
Source: CNN, "Sofia Vergara's ex Nick Loeb speaks out about frozen embryos lawsuit," Faith Karimi, April 30, 2015