Sofía Vergara might be swooning over her new fiancée, Joe Manganiello, but things aren’t completely over with her ex Nick Loeb who is suing the actress over two frozen embryos the former couple 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.

The lawsuit was filed at first in August 2014 but was refilled this month 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.                                                         

In addition, the court documents also state that, “John [Loeb] seeks to save from destruction two cryopreserved Female Embryos created using John’s sperm and Jane’s [Sofía’s] ova for the purposes of attempting to have children. However, before the Female Embryos could be implanted in a surrogate, the Parties ended their relationship.”