Sofía Vergara’s was sued over two frozen embryos by former fiancée Nick Loeb, which they had created around six months before they called off their engagement. Loeb wants to make sure the “Modern Family” star can’t destroy them. According to reports from InTouch Weekly, the court documents filed by Loeb, using the pseudonyms John and Jane Doe, state that Vergara had refused to preserve the embryos under any circumstances. After the backlash Loeb got about wanting to procreate with Vergara, who’s now engaged to Joe Manganiellohe responed.

Loeb told the New York Times he sought to take the embryos to have them carried to term, assuming all financial and custodial responsibilities, but the “Modern Family” star refused. “When we create embryos for the purpose of life, should we not define them as life, rather than as property?” he explained. To this, Vergara’s lawyer, Fred Silberberg, told People magazine the actress has no desire whatsoever to have children with her ex, but has agreed to leave the embryos frozen indefinitely, which is obvious “given the circumstances,” he concluded.

Despite Loeb’s insistence on proceeding, he’s admitted the couple signed an agreement which stipulated the embryos could only be used if both parties consented. This is the form the businessman is looking to get voided, since he believes there’s no reason to destroy two lives he’s created or to let them “sit in a freezer until the end of time.”