Loeb is suing Vergara -- who is now engaged to Magic Mike XXL's Joe Manganiello -- over two frozen embryos that were created using his sperm and her eggs while they were still in a relationship. In the wake of their breakup last May, Loeb claims that the actress wishes to have the embryos destroyed, whereas he wants the legal right to attempt to bring them to life via surrogate.
"It has nothing to do with a baby or her baby," the New York businessman told Today's Hoda Kotb on Thursday. "Lives were created."
Meanwhile, Vergara -- who first broke her silence on the issue during an interview with Howard Stern -- tells ABC News' Amy Robach that this is a non-issue because the former couple have a contract that neither party can bring the embryos to term without the other's consent.
"It shouldn't be out there for people to give their opinion when there's nothing to talk about," she says. "There's papers signed. There is a court date. He shouldn't be creating something so ugly out of nothing."
The 42-year-old actress claims her ex is attempting to exploit her fame. "I promote all my movies, all my work," Vergara explains. "But I don't like promoting my private life and I don't understand why this person ...I don't want to allow this person to take more advantage of my career and try to promote himself and get press for this."
Loeb, who later teared up during another Thursday interview with CNN's New Day, says his lawsuit has nothing to do with Vergara's celebrity status but rather "legal, ethical concepts" and the "two lives that have already been created."
"To toss them aside is no different than if they've actually been born," he tells Kotb.
Loeb claims it never occurred to him that they were not going to bring the embryos to life, and it was not discussed what they would do with the embryos if they split up. "I always thought we were going to take these to full term," he says.
Kotb grilled Loeb about his lawsuit, saying that many find him to be a man that can't let go of a relationship. When asked if this would be an issue if he met another woman and had a child with her, he insists, "This has nothing to do with one woman or another woman."
Throughout the interview, Loeb praises Vergara as a "wonderful, wonderful woman," and even says he'd support the actress and her new fiancé Manganiello raising the children, so long as he was "a part of the parental process."
In a print interview with Cosmo for Latinas magazine, Vergara did express an interest in starting a family with her new guy but made no mention of the embryos. "When you're with somebody that hasn't had kids, and you want to start a relationship, of course there's always that question," she said. "And if it happens, it will be something that will make us very happy, but it's not a priority in our lives."
Vergara -- who has a 23-year-old son from a previous marriage -- blames the press for giving Loeb so much attention in this personal issue. "Just with the press, it's like, and allowing somebody to invent things and create press for himself," she said. "He's not an actor. He's not a celebrity. It's like, why? Why are they allowing him to do that?"
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