Actress Sofia Vergara says she does not want to destroy her frozen embryos although she does not want to have a baby with her ex-fiancé, TMZ reports.

Back when they were together, Vergara and Nick Loeb planned to have a baby together so they paid for a fertilized egg and stored it at a Beverly Hills reproductive facility.

Recent reports say Loeb wants to sue Vergara because she allegedly wanted to destroy the embryo of their unborn baby.

"The claims made against Sofia Vergara by Nick Loeb are un-credible and hold no merit," her attorney, Fred Silberberg, said in a statement to PEOPLE. "Vergara has never wanted to destroy her embryos."

Vergara and Loeb signed an agreement back in November 2013 that states that "no unilateral action can be taken with regard to the embryos unless both parties consent."

The "Modern Family" actress's lawyer continued the statement, "Vergara has never suggested that she wished to have the embryos destroyed. 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 is now engaged to Joe Manganiello since December 2014 who she would potentially have children with.

The lawyer's statement concludes, "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."

Vergara and the 39-year-old Loeb split in May 2014.

According to New York Daily News, Loeb decided to sue Vergara over the frozen embryos because he is pro-life.

"He has been a Republican his entire life and has always believed that life begins at conception," a source said adding that he just wanted to preserve the lives of the embryos.

Loeb claimed that Vegara wanted to destroy the frozen eggs.

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