Nick Loeb Pens Op-Ed About Sofia Vergara Frozen Embryo Battle

by Zach Seemayer 11:10 AM PDT, April 30, 2015
Playing Nick Loeb Pens Op-Ed About Sofia Vergara Frozen Embryo Battle

While the legal battle between Sofia Vergara and Nick Loeb continues to rage on, Loeb has brought the fight into the public spotlight with an op-ed published in the New York Times on Wednesday where Loeb laid out his side of the contentious argument.

"I wanted to keep this private," Loeb wrote in the op-ed titled "Our Frozen Embryos Have a Right to Live." In the court documents filed in August, Loeb and Vergara were listed as "Jane Doe" and "John Doe," and the suit was filed anonymously. "Recently the story broke to the world. It has gotten attention not only because of the people involved… but also because embryonic custody disputes raise important questions about life, religion and parenthood."

VIDEO: Sofia Vergara Reportedly Sued by Ex-Fiance Over Frozen Embryos: What Will the Court Decide?

Loeb and Vergara began dating in 2010 and got engaged in July 2012, before calling it off in May 2014. During their time together, Loeb and Vergara decided to conceive a child through the use of surrogate. After two failed attempts to bring fertilized embryos to term, two additional embryos were created using Vergara's eggs and Loeb's sperm.

In the wake of their break-up, Loeb sued Vergara -- who is now engaged to Magic Mike XXL’s Joe Manganiello -- claiming that the actress wished to have to embryo's destroyed, whereas Loeb wants the legal right to attempt to bring the embryos to life via surrogate.

"When we create embryos for the purpose of life, should we not define them as life, rather than as property?" Loeb argued in the editorial. "Does one person's desire to avoid biological parenthood (free of any legal obligations) outweigh another’s religious beliefs in the sanctity of life and desire to be a parent?"

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According to Loeb, he's asked his ex-fiancee for permission to bring the embryos to term and allegedly offered to cover all legal and parental responsibilities.

"I asked her to let me have the embryos, offering to pay for all expenses to carry our girls to term and raise them. If she did not wish to share custody, I would take on full parenting responsibilities and agree to have her declared an egg donor. She has refused," Loeb wrote.

While Loeb claimed in the initial lawsuit that Vergara wished to have the embryos destroyed, the Modern Family star's attorney, Fred Silberberg, said those claims are false.

"Vergara has never suggested that she wished to have the embryos destroyed," Silberberg told ET last week. "She has always maintained that they be kept frozen, a fact of which Loeb and his counsel have always been aware, despite Loeb's statements to the contrary."

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In his new op-ed, Loeb addressed Silberberg's refutation, writing, "Her 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."

Loeb also revealed his motivation for pursuing the lawsuit, despite some public criticism: He has always dreamed of being a parent.

"Many have asked me: Why not just move on and have a family of your own? I have every intention of doing so. 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 wrote, revealing that he grew up with his father while his mother “virtually disappeared” from his life.

Loeb went on to explain that, his father was often away on business, so he was raised by his nanny Renee, who was Irish Catholic and greatly influenced his religious opinions in regards to when life begins. He also revealed that one of his former girlfriends he dated in his 20s had an abortion.

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"Ever since, I have dreamed about a boy at the age he would be now," Loeb said

According to legal analyst Robin Sax, who spoke with ET when news of Loeb's lawsuit broke earlier this month, "The court is likely to say no one can be forced to procreate if they didn't want to… If they can't come up with a unified decision, it is likely that that embryo will be destroyed."

"I take the responsibility and obligation of being a parent very seriously. This is not just about saving lives; it is also about being pro-parent," Loeb concluded.

While Vergara’s legal counsel has not yet responded to Loeb’s article, Silberberg previously explained to ET, "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."

Speaking with ET on the red carpet at the SAG Awards in January, Vergara – who has a 22-year-old son Manolo from her first marriage ended in 1993 – opened up about the possibility of having children with Joe Manganiello.

VIDEO: Are Sofia Vergara and Joe Manganiello Already Planning To Have Kids?

"He's younger than me and he's never had kids, so of course if we can do it, why not?" Sofia told ET's Brooke Anderson. "It needs a lot of planning, but we have to leave it to God to see if it happens."

ET has reached out to Vergara’s rep for comment.

For more on the contentious lawsuit, check out the video below.