Before Sofia Vergara became engaged to Joe Manganiello, she was engaged to businessman Nick Loeb. Her relationship with Loeb ended in May 2014. However, during the relationship, they agreed to freeze embryos using her eggs and his sperm. The plan was to have a surrogate bring the embryos to term.
The parties’ two remaining frozen embryos have become a hot topic since Mr. Loeb wrote an opinion piece that was published in the New York Times last month. In the piece, he explained that he filed a suit in California to seek custody of the embryos. Mr. Loeb wishes to not only make sure the embryos are preserved, but to use them to create a family.
Ms. Vergara has other plans. According to Vergara’s attorney, she wants the embryos frozen indefinitely and her preference may be the deciding factor. The parties previously entered into an agreement regarding the use of the embryos during their relationship. According to the Agreement, no unilateral action can be taken with regard to the embryos unless both parties consent. However, as pointed out by Loeb in his opinion piece, the agreement never states what should happen to the embryos if their relationship ended. According to Loeb, freezing them indefinitely would be tantamount to killing them.
This issue illustrates the many unique issues that can arise from relationships and marriages. As family law attorneys, we are confronted with unique facts, circumstances and issues on a daily basis. If you do have a family law issue, it is important for you to retain experienced attorneys to deal with the issue.