Nick Loeb Sofia Vergara
Nick Loeb and Sofia Vergara have been going through a legal battle over two embryos they created before splitting around December 2013. REUTERS/Danny Moloshok

Sofía Vergara might be swooning over her new husband, Joe Manganiello, but things aren’t completely over with her ex Nick Loeb who continues to fight for their frozen embryos after suing the actress. Loeb is fighting so that the “Modern Family” star can’t destroy them. The court documents filed by Loeb state that Vergara had refused to preserve the embryos under any circumstances.

Now, as the legal battle continues, Loeb paid a visit to “Access Hollywood” to promote his upcoming movie "Precious Cargo" and spoke to the hosts about the updates on the case against Vergara. “We’ve been through the depositions and now we are waiting for a court date to be set,” Loeb said.

While Vergara fans believe the businessman should let go of the entire thing and, in a way, set the actress free, there’s something Loeb wants people to understand: “I think the misconception is that people don’t know the difference between an embryo and an egg,” Loeb explained. “A lot of people think I’m trying to steal her eggs and they don’t realize that an embryo is half mine — half my DNA and half her DNA. It’s actually a human being.”

The lawsuit was filed at first in August 2014 but was refiled last April with further information. While the couple was together, they allegedly tried to use a surrogate twice but were unsuccessful. A source close to Loeb says he’s always wanted to be a father and wants to do whatever he can to save those two remaining embryos. “Nick is very emotionally invested in these female embryos because he’s pro-life and believes life begins at conception,” said the source.

Also last year, the actress paid a visit to the Howard Stern Show where she told Stern her reasoning behind all of this. “More than a mother, a baby needs a loving relationship of parents that get along, that don’t hate each other,” she said. “I wouldn’t want to bring kids to the world that is already set against them. It would be so selfish.”

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