Sofia Vergara, Ex Nick Loeb Had Previous Agreement Over Frozen Embryos: Details

Sofia Vergara and Nick Loeb
Sofia Vergara and Nick Loeb have a previous agreement over their embryos.  Alexander Tamargo/WireImage; Michael Tran/FilmMagic

Almost one year after Sofia Vergara split from her now-ex-fiancé Nick Loeb, complicated ties remain between the two. 

Rumor spread this week regarding embryos that the couple produced and had frozen when they were still together. The future of the embryos was seemingly uncertain as the Modern Family star, 42, and the businessman, 39, have parted ways.

In a document provided to Us Weekly by Vergara's camp, and allegedly signed by both Vergara and Loeb, the two already reached agreement about the embryos about 17 months ago. 

The arrangement specifies that the embryos will remain in a medical storage facility until further notice. Unless both Vergara and Loeb sign documents in person to direct otherwise, the embryos will be stored indefinitely. The document goes on to specify instructions for contact, payment, and notice.

Said document notes that the intention of preservation is to keep the possibility of one day thawing and/or using the embryos open. The agreement also outlines action in the event of Loeb or Vergara's death. The two agreed that in such a case, the embryos would be thawed with no further action, rather than donated to research or used by a living partner. 

Papers reportedly filed by Loeb this week alleged that Vergara was looking to destroy the embryos, rather than continue preservation. The actress' attorney Fred Silberberg released the following statement to Us in regards to the reports and alleged filing.

"The claims made against Sofia Vergara by Nick Loeb are uncredible and hold no merit. Vergara has never wanted to destroy her embryos,” Silberberg wrote, pointing to a highlighted paragraph in the aforementioned November 2013 document, which Silberberg says "clearly states that no unilateral action can be taken with regard to the embryos unless both parties consent." 

"‎Vergara has never suggested that she wished to have the embryos destroyed," the statement continues. "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. 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." 

For his part, Loeb's rep tells Us, "He has no comment and this isn't a lawsuit. He is trying to preserve two female embryos."

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