By Beth Germano, WBZ-TVBy Beth Germano

BOSTON (CBS) – The former fiancé of Sofia Vergara is suing the high profile actress to protect two frozen embryos they made together. Vergara has moved on from her relationship to Nick Loeb, but he wrote an impassioned op-ed in the New York Times saying he wants to become a parent even if she doesn’t.

The two had signed a consent form stating that any embryos they created could only be brought to term if both of them agreed. But Loeb claims it should be void because California law requires no mention of what would happen if they separate.

George Annas, a bioethicist with the Boston University School of Public Health, says the courts have been consistent about disputes over embryos. “Both people have to agree. If they don’t agree the courts maintain the status quo to keep the embryos frozen. It’s not his embryo it’s their embryo,” said Annas.

Dr. Beth Plante of Fertility Centers of New England says hard as it may be, clinics force couples to sign the consent forms covering every contingency. “What would happen in the event of a divorce or death of a spouse. It’s something we have included and couples are forced to think about,” said Plante.

Loeb says he’ll take full parenting responsibility and doesn’t want to see “two lives” destroyed or sit in a freezer until the end of time. Vergara’s attorney says she doesn’t want the embryos destroyed, but wants them to remain frozen.

Beth Germano

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