All last week, we heard the (shady) story of how Nick Loeb had sued Sofia Vergara over the frozen embryos they had made while together and engaged. Nick and Sofia had a volatile off-and-on relationship for years, and they only called it quits for good last year. Sofia jumped into a new relationship (and engagement) with Joe Manganiello, and Nick seems a little butt-hurt about the whole thing. Anyway, Nick claims he’s super-pro-life, so much so that he wants to take custody of the remaining embryos and get his own gestational carrier so he can… raise his and Sofia’s children by himself? Something like that. This whole time, the lawsuit has been done through aliases, John and Jane Doe. Now Sofia has finally confirmed (through her lawyer) that Nick is suing her and she’s not trying to destroy the embryos anyway.

After allegations surfaced that Sofia Vergara wanted to destroy frozen embryos she created with ex-fiancé Nick Loeb, the actress is now setting the record straight.

“The claims made against Sofia Vergara by Nick Loeb are uncredible and hold no merit,” her attorney, Fred Silberberg, said in a statement to PEOPLE. “Vergara has never wanted to destroy her embryos.”

The agreement signed by Vergara and Loeb in November 2013 when the embryos were created states that “no unilateral action can be taken with regard to the embryos unless both parties consent.”

Furthermore, “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.”

The statement concludes, “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.”

Vergara, 42, and Loeb, 39, split in May 2014. She has been engaged to actor Joe Manganiello since December 2014, and has spoken about potentially having children with him.

[From People]

TMZ pointed out that Sofia is trying to thread a particularly difficult needle here – she doesn’t want to piss off the anti-choice people who believe that every fertilized egg is a sacred life that must to implanted and carried to term, no exceptions. A “source close to Sofia” tells TMZ that “there is no way this baby will be born. Sofia wants nothing to do with Nick and is about to marry Joe Manganiello. The problem … she doesn’t want to piss off a lot of her fan base, which believes life is created at inception.” So her official position is that no one will destroy the embryos and no one will have sole custody of the embryos. Which is probably the only real legal option out there. I mean, is there a court out there willing to give Nick Loeb sole custody of those embryos?

Photos courtesy of WENN.