LOS ANGELES (CBSLA.com) — Actress Sofia Vergara opened up Monday about the frozen embryo battle with ex-fiancé Nick Loeb.
On the “Howard Stern Show” this morning, the “Modern Family” star said Loeb’s wishes to create a child from the embryos are selfish, according to CBS2’s Kristine Lazar.
“More than a mother, it needs a loving relationship of parents that get along. That don’t hate each other,” she said in the radio interview.
Loeb, a businessman, wrote an op-ed piece in the New York Times last week about his desire to become a father.
In it, he said he was suing Vergara to gain control of two embryos the couple created while they were together.
“A woman is entitled to bring a pregnancy to term even if the man objects. Shouldn’t a man who is willing to take on all parental responsibilities be similarly entitled to bring his embryos to term even if the woman objects,” Loeb wrote.
But Michael Shapiro, a law professor at the University of Southern California, says the two cannot be compared in the eyes of the law.
“A developing embryos and fetus are within the woman’s body and she has the presumptive right control her body at least up to the point of viability,” he said.
Vergara points out both she and Loeb signed a contract that stated that both parties had to agree to bring the embryos to term.
“And not only that, we did it two times. So, I mean, you make the mistake the first time, but then a year later, when you’re going to get another retrieval or another fertilization, you say ‘Wait a minute, this time I want to do it this way,’ you know?” Vergara said.
But Shapiro says it’s not the contract that’s at issue but Vergara’s constitutional rights.
“No one can be forced to procreate. No one can be made to procreate,” Shapiro said.
Vergara’s attorney says she plans to keep the embryos frozen.
But Loeb said: “In my view, keeping them frozen forever is tantamount to killing them,” in the Times piece.
Shapiro says embryos legally are not considered people.
“Even if it’s life or not life, that’s not what he signed at the moment, you know. He should have thought about that,” Vergara said.
Loeb has said his split from Vergara was based on different priorities and said he just wants to start a family while she’s balancing the demands of a thriving entertainment career.