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Sofia Vergara's ex-fiance Nick Loeb said in a recent "Today" show interview that the two frozen embryos he created with the actress are "on a journey and a pathway to being born," as he fights to use them to have children of his own.
But as Today's Joe Fryer reports on the legal issues surrounding the case, the couple had signed a contract saying both parties had to agree on the embryos' use. The law isn't always clear on the issue of embryos; medical ethicist Arthur Kaplan said the law does not see embryos as "two citizens equal to the rest of us."
Still, it is not a crystal clear area. "The law has not caught up with the science," said California-based attorney Stephanie Caballero of the Surrogacy Law Center in California. One consideration the courts may use in Vergara's favor, apart from the signed contract, is the fact that the embryos are not Loeb's only chance to ever have children. In an Illinois case, a woman won the right to use the embryos she had created with her ex-boyfriend - against his wishes - since chemotherapy had made her infertile.