"Vergara has never wanted to destroy her embryos," the Modern Family star's attorney Fred Silberberg said in a statement to ET. "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."
In Touch Weekly first reported that Loeb was suing the actress over two female embryos, created using Loeb’s sperm and Vergara’s eggs, that the couple had frozen six months prior to their split in 2014. Silberberg said that Loeb’s lawsuit claiming Vergara wanted the embryos destroyed is "uncredible" and holds "no merit."
"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’s attorney added.
Silberberg reportedly provided consent forms from the Roxbury Surgery Center in Beverly Hills, Calif., which require consent from both parties to destroy the embryos, stating, "unless otherwise directed by both of us in writing in person...or by notarized letter, the Center shall continue to store the Cryopreserved Material for an indefinite period of time."