Unscrambling Sofía Vergara’s Egg Dilemma (Guest Blog)

Actress’s embryo battle with ex-fiancé could have been avoided, says attorney and guest contributor Roz Zukerman

The lawsuit initiated by Sofía Vergara’s ex-soulmate is a thinly veiled attempt to hop on the anti-abortion band-wagon. What should be “Sofía’s Choice” as whether or not to be an unwilling parent, even if being potentially indemnified of financial involvement, is now a misguided statement that life begins at conception.

While Nick Loeb, as an observant Catholic, has every right to his beliefs, those beliefs do not flop over into what is admittedly a poorly and incompletely drafted document.

Not only is this is a red flag/warning to all attorneys to do complete preventive lawyering when drafting an agreement that would bind all parties to an intended surrogacy agreement, it is also sends a warning out to parties who either use surrogates to those who wish to freeze their “future families” for a time more convenient than their present situation.

Just as a pre-nuptial agreement should contemplate any eventuality in their relationship financially or emotionally, a surrogacy or frozen egg agreement should contemplate any possible eventuality; medically, emotionally, financially etc. in either of the parties, any unborn child or the surrogate.

When they were together, the parties intended to have any progeny carried by a surrogate. Any such agreement should contemplate every eventuality, including what would happen should the surrogate encounter any health issue, should the implanted cells result in a “defective” product — i.e. a child not completely normal — and what should happen to the fertilized eggs if there intended destination in a surrogate never is actualized.

Mr. Loeb wishes to be a parent. Nothing is preventing him from doing so, without trying to have lifelong ties to his no-longer-beloved.

They were not married.

This is not a custody issue.

He can either find another egg donor, another relationship, or get married. He also has the election to adopt, be a foster parent, or be a godparent.

His whining about the “little girls” who are frozen has as much relevance as if my
scrambled eggs for breakfast do not become clucking chickens.

Nothing I have stated herein is meant to denigrate those who hold sincere religious beliefs about whether life begins at conception or at birth. However, his lawsuit is nothing but a publicity stunt and should be dismissed.

I do not know the intended “mother” in his lawsuit, but she should be allowed to go on with her life without being used as a ‘security blanket’ by her ex-fiancé.

Roz ZukermanAttorney Roz Zukerman holds bachelor’s degree in psychology and a master’s in counseling. Having established a robust practice in Los Angeles, Roz gravitated toward the challenges of LGBT families. She can be contacted at www.zukermanlaw.com.