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boston bean

(36,223 posts)
Thu Apr 30, 2015, 09:38 AM Apr 2015

Sofía Vergara’s Ex-Fiancé: Our Frozen Embryos Have a Right to Live

DELRAY BEACH, Fla. — LAST August, I filed a complaint in Santa Monica, Calif., using pseudonyms, to protect two frozen embryos I created with my former fiancée. I wanted to keep this private, but recently the story broke to the world. It has gotten attention not only because of the people involved — my ex is Sofía Vergara, who stars in the ABC series “Modern Family” — but also because embryonic custody disputes raise important questions about life, religion and parenthood.

When we create embryos for the purpose of life, should we not define them as life, rather than as property? 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? 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? These are issues that, unlike abortion, have nothing to do with the rights over one’s own body, and everything to do with a parent’s right to protect the life of his or her unborn child.

In 2013, Sofía and I agreed to try to use in vitro fertilization and a surrogate to have children. We signed a form stating that any embryos created through the process could be brought to term only with both parties’ consent. The form did not specify — as California law requires — what would happen if we separated. I am asking to have it voided.

My lawyers have identified 10 other cases in the United States in which a parent tried to have a fertilized, frozen embryo taken to term against the wishes of an opposing parent. In eight of those cases, the parent seeking custody lost. In the other two cases, one in Pennsylvania and one in Illinois, a woman was awarded custody of fertilized embryos over the man’s objections. In both cases, the woman had undergone chemotherapy treatment and the embryos were her last chance to have a biological child; judges ruled that the woman’s interest in becoming a parent outweighed the man’s interest in not becoming a parent. In the Illinois case (now on appeal), the judge found that the form the couple signed was not the binding contract, and instead enforced a verbal promise the man made to help the woman have children.


http://www.nytimes.com/2015/04/30/opinion/sofiavergaras-ex-fiance-our-frozen-embryos-have-a-right-to-live.html?_r=0

No way in hell should he be able to sue for custody for embryo's. He thinks they are life and that not using them is tantamount to killing them.


32 replies = new reply since forum marked as read
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Sofía Vergara’s Ex-Fiancé: Our Frozen Embryos Have a Right to Live (Original Post) boston bean Apr 2015 OP
He wants the money that comes with them. Evergreen Emerald Apr 2015 #1
When he can carry the embryos to term marym625 Apr 2015 #2
he signed a contract PowerToThePeople Apr 2015 #3
Because he comes from a RW political family and they ALWAYS see political opportunities blm Apr 2015 #4
He's trying to break it on the technicality Erich Bloodaxe BSN Apr 2015 #6
as far as i know PowerToThePeople Apr 2015 #7
There is for fiances, which is a promise to marry, a verbal contract. nt bananas Apr 2015 #10
wtf? PowerToThePeople Apr 2015 #11
... bananas Apr 2015 #13
neither of those PowerToThePeople Apr 2015 #15
Break contracts? Erich Bloodaxe BSN Apr 2015 #5
Both parties must consent. JaneyVee Apr 2015 #8
Dear Goddess, I hope that holds up. What a creep... boston bean Apr 2015 #9
No wonder she is no longer with him. onecaliberal Apr 2015 #12
What an ass tammywammy Apr 2015 #14
An egg donor and surrogate won't be earning $19 million per year jmowreader May 2015 #30
In this property dispute, she wins. nt msanthrope Apr 2015 #16
just got back from the comments section... lame54 Apr 2015 #17
I almost want to create a log in there to reply to the guy who said Cal Carpenter Apr 2015 #26
The contract sounds pretty explicit. If he didn't want those terms he shouldn't have signed them. stevenleser Apr 2015 #18
Money and fame brings out the worst in people 951-Riverside Apr 2015 #19
He's already wealthy. tammywammy Apr 2015 #20
I think it's right to life pablum. Going further than any man has ever gone before.... boston bean Apr 2015 #21
I agree. The good news is, it sounds like it's pretty groundless, legally. Warren DeMontague May 2015 #32
I shouldn't think he needs any money frazzled Apr 2015 #22
It's not that he NEEDS to make money jmowreader May 2015 #31
(His) money alone can't buy the celebrity he craves. n/t UTUSN Apr 2015 #23
Yep. hunter Apr 2015 #24
Live? This is a property dispute, nothing more. Xithras Apr 2015 #25
Two adults freely enter into a contract, now one wants out Retrograde May 2015 #27
He's a creepy ass wheniwasincongress May 2015 #28
First, if they're not alive how can they have rights yet? And second, religion? LeftyMom May 2015 #29

blm

(113,095 posts)
4. Because he comes from a RW political family and they ALWAYS see political opportunities
Thu Apr 30, 2015, 09:44 AM
Apr 2015

in just about everything.

They are shameless. He probably wants to run for office AGAIN and this will help create an instant base for him.

Erich Bloodaxe BSN

(14,733 posts)
6. He's trying to break it on the technicality
Thu Apr 30, 2015, 09:46 AM
Apr 2015

that it didn't include some additional clause that is 'required by California law'.

Erich Bloodaxe BSN

(14,733 posts)
5. Break contracts?
Thu Apr 30, 2015, 09:44 AM
Apr 2015
In 2013, Sofía and I agreed to try to use in vitro fertilization and a surrogate to have children. We signed a form stating that any embryos created through the process could be brought to term only with both parties’ consent. The form did not specify — as California law requires — what would happen if we separated.


Why would anyone think that something would change if you separated if there was no separate clause stipulating such? Barring specific language that specifies that something changes after a separation, wouldn't the default assumption under law be that the language that already exists in the contract be what is followed?

And was it 'California law' at the time the contract was drawn up? If so, were they using 'Bob's House of IVF', where they don't actually draw up forms that match what is 'legal in California'?

onecaliberal

(32,899 posts)
12. No wonder she is no longer with him.
Thu Apr 30, 2015, 10:12 AM
Apr 2015

What doesn't he get about both people must agree. I wouldn't doubt if he was responsive for making this public.

tammywammy

(26,582 posts)
14. What an ass
Thu Apr 30, 2015, 10:15 AM
Apr 2015

And super creepy. Can he not get over their breakup? He can always use an egg donor & surrogate if he must have biologically his own children. Sounds like he's purposefully trying to keep his ex in his life. Gross

jmowreader

(50,562 posts)
30. An egg donor and surrogate won't be earning $19 million per year
Fri May 1, 2015, 04:00 AM
May 2015

If these frozen embryos are thawed out, implanted and brought to term, Ms. Vergara will be legally required to pay child support - and considering that she's a famous and well-paid Star of Stage and Screen, the amount required will be very high.

lame54

(35,325 posts)
17. just got back from the comments section...
Thu Apr 30, 2015, 10:20 AM
Apr 2015

Seems that nobody agrees with this guy
Some were pissed the times gave him a platform

Cal Carpenter

(4,959 posts)
26. I almost want to create a log in there to reply to the guy who said
Thu Apr 30, 2015, 12:20 PM
Apr 2015

something about "This is an ACTUAL HUMAN BEING, not just 'potential for life'"

I want to reply with - "Wow, I didn't realize an ACTUAL HUMAN BEING could live in a fucking freezer for so long!"

But I won't. I'll just use this post as a surrogate.

And yeah, I have no romanticized notions about the NYT but the fact that they printed this still surprises the hell outta me. What a crappy load of crap.

 

stevenleser

(32,886 posts)
18. The contract sounds pretty explicit. If he didn't want those terms he shouldn't have signed them.
Thu Apr 30, 2015, 10:23 AM
Apr 2015

If he wants a child he needs to move on and find someone who wants to have them with him.

 

951-Riverside

(7,234 posts)
19. Money and fame brings out the worst in people
Thu Apr 30, 2015, 10:24 AM
Apr 2015

GET A JOB YOU WORTHLESS MOOCHER AND STOP TRYING TO HUSTLE THIS WOMAN FOR MORE MONEY!

Warren DeMontague

(80,708 posts)
32. I agree. The good news is, it sounds like it's pretty groundless, legally.
Fri May 1, 2015, 04:36 AM
May 2015

I dont think it stands a chance of moving anywhere close to far enough up the legal food chain to get to where someone might even rule on his attempt to assert that frozen embryo = "baby"

He might get some play on religious right radio and websites, doubtful much else.

frazzled

(18,402 posts)
22. I shouldn't think he needs any money
Thu Apr 30, 2015, 11:16 AM
Apr 2015

I at first thought he was in it for the money, too (Sofia Vergara's embryos might go for big bucks on the market, I should think). But then I looked this guy up:

Loeb is the scion of the famous banking family which started Lehman Brothers, where he briefly worked after graduating from Tulane University. His father John Jr was U.S. Ambassador to Denmark under President Ronald Reagan, and his grandfather, John Loeb Sr. bequeathed over $70 million to Harvard University.

http://www.imdb.com/name/nm0005161/bio


To top it off, his cousin is Edgar Bronfman Jr. of Seagrams Universal. The Loebs and the Bronfman's? I don't think this guy is needing to make money. He's just wrong. Plain and simple.

hunter

(38,328 posts)
24. Yep.
Thu Apr 30, 2015, 12:00 PM
Apr 2015

Wants to be a sweetheart of the anti-abortionists on the front cover of the gossip magazines, standing beside a surrogate mom as narcissistic as he is, them smiling like crocodiles, holding the babies a celebrity biological mom refused him.

SUPER FUCKING CREEPY MIND FUCK RAPIST!!!


Xithras

(16,191 posts)
25. Live? This is a property dispute, nothing more.
Thu Apr 30, 2015, 12:07 PM
Apr 2015

The two of them created two pieces of property together. They have a contract saying that the property will be destroyed if they don't both agree to keep them. He wants to keep them, she doesn't.

Seems like a fairly straightforward property dispute to me. Unless he can show that the contract was somehow invalid or violated state law, she is going to win.

Retrograde

(10,158 posts)
27. Two adults freely enter into a contract, now one wants out
Fri May 1, 2015, 01:13 AM
May 2015

He can't get what he wants, so he somehow gets a major newspaper to give him space on its op-ed page to whine, because, after all, it's All About Him. His father will never get to see his grandchildren? Boo hoo: if it's that important I'm sure there are plenty of women around who can give him what he wants.

LeftyMom

(49,212 posts)
29. First, if they're not alive how can they have rights yet? And second, religion?
Fri May 1, 2015, 01:28 AM
May 2015

I don't think "because Catholicism" is a reason to get to thaw out the embryos you made with your not-wife. The Catholic church is pretty explicit about what they do and don't want you to do on the reproductive front, and IVF and spawning with someone other than your spouse are pretty high on the list of those things you can't do.

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