The Modern Family star's ex filed a lawsuit claiming she wanted to destroy frozen embryos they created while together – a claim she denies

By K.c. Blumm
April 20, 2015 11:35 PM
Splash News

Nick Loeb is speaking out about the lawsuit he filed over his frozen embryos created with then-fianceé Sofia Vergara in 2013.

The businessman’s lawyer, Abram Moore, said in a statement to PEOPLE Monday that Loeb “has made every effort to arrive at a private resolution” with the Modern Family star, but was “forced” to file a lawsuit when they couldn’t come to an agreement.

Loeb claims that Vergara, 42, who is now engaged to Joe Manganiello, wants to destroy the two female embryos they created – a charge that Vergara has strenuously denied.

In his statement, Loeb, 39 – who wants “to bring his daughters to term” – said that he wasn’t seeking to hold Vergara to “any parental or financial responsibilities or obligations” and would “give her the opportunity to be involved with the child in the future, should she change her mind.”

“I have always strongly believed that life begins at fertilization and that every embryo is a life on a journey towards birth,” Loeb said. “I created these two female embryos with the purpose of taking them to term and not destruction, because I have always dreamed of being a father.”

“I take the responsibility and obligation of being a parent very seriously,” Loeb added. “Creating an embryo in the natural way can lead to parenthood obligations, even where a man doesn’t want to become a father. Where a man does want to become a father, and wants to impose no obligations on the other party, he should have that corresponding right. However life comes to be created, it should have no determination on either the rights of wanting to be or the requirements of having to be a parent.”

Vergara’s attorney, Fred Silberberg, said in a statement to PEOPLE on Friday that the actress “has never wanted to destroy her embryos.”

The couple signed an agreement in November 2013, when they embryos were created, that states that “no unilateral action can be taken with regard to the embryos unless both parties consent.”

Furthermore, “Vergara has never suggested that she wished to have the embryos destroyed,” the statement continued. “She has always maintained that they be kept frozen, a fact of which Loeb and his counsel have always been aware, despite Loeb’s statements to the contrary.”

“Vergara, who has happily moved on with her life, is content to leave the embryos frozen indefinitely as she has no desire to have children with her ex, which should be understandable given the circumstances,” her attorney concluded.

Vergara, who has an adult son, Manolo, got engaged to Manganiello in December 2014, seven months after splitting with Loeb. She has spoken about potentially having children with the Magic Mike XXL star.

Reporting by MELODY CHIU

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