Sofia Vergara is fighting back in the bitter battle with ex Nick Loeb over the fate of frozen embryos the couple created in November 2013, six months before they ended their relationship. The Hot Pursuit star's lawyer Fred Silberberg told People late Friday that the 42-year-old 'has never wanted to destroy her embryos.' However, she's not planning on using them either, the attorney said in the statement, adding that Vergara 'is content to leave the embryos frozen indefinitely as she has no desire to have children with her ex.' Scroll down for video . Speaking out: Sofia Vergara's attorney said Friday the actress has no intention of destroying the frozen embryos she created with ex Nick Loeb but has no plans to use them either as she has moved on with her life . Vergara's legal representative spoke out after court documents published this week by In Touch show Loeb, 39, wants a judge to order that the female embryos may not be destroyed, but that Vergara has refused to 'agree to their preservation under all circumstances. However, Sliberberg told People that "the claims made against Sofia Vergara by Nick Loeb are uncredible and hold no merit.' He went on to say that Vergara '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 attorney also pointed out that the agreement between his client and her ex clearly states that no unilateral action may be taken by either party and that both sides must consent to any action taken with regard to the frozen embryos. Legal fight: Businessman Loeb, seen here with Vergara in 2011, filed a lawsuit against his ex-fiancee asking a judge to order her not to destroy the embryos. It's been reported that he wants to use them to have a child . Gossip website TMZ claimed Saturday that a source close to the Colombian actress says she won't destroy the frozen embryos because she's afraid it would anger 'a lot of her fan base, which believes life is created at inception.' The bitter feud between the warring couple made more headlines this week when it was reported that the Modern Family star had allegedly insisted her 44-year-old assistant be the surrogate for her and Loeb's child. According to Page Six, Loeb claimed that Vergara demanded her friend and employee serve as the surrogate over his 'objections as well as the recommendations of the parties’ doctor'. According to the legal papers, filed under pseudonyms Jane and John Doe, the pair fertilized embryos using Vergara's eggs and Loeb's sperm. In limbo: Vergara's attorney told People that the Modern Family star is content to leave the embryos frozen in storage 'indefinitely.' TMZ claimed she doesn't want to anger her fan base by having them destroyed . Zuhair Murad S/S 2015 Ready-to-Wear gown . See rest of the collection here! Visit site . Colombian bombshell Sofia Vergara once again stunned on the red carpet as she attended this year's Vanity Fair Oscar party on the arm of her fiance, Magic Mike actor Joe Manganiello. Wearing a dress from Zuhair Murad's Spring/Summer 2015 Ready-to-Wear collection, Sofia was the third celebrity to wear the designer to the Oscars, joining Jennifer Lopez and Chrissy Teigen in turning heads on the read carpet! Pale blue isn't the easiest color to wear and can wash some people out, so the added embellishments and embroidery on this dress are perfect for adding a touch of va va voom. Below we bring you our favorite embellished pale blue dresses from across the web - we especially love the Rachel Pally 'Ireland Dress' and the Lovers + Friends 'Mahalo Maxi' is a steal on sale for just $56.70. BB Dakota Faxon Dress at Zappos . Visit site . Bri Seeley Harper Maxi Dress at Zappos . Visit site . Rachel Pally Ireland Dress at Shopbop . Visit site . Lovers + Friends Mahalo Maxi Dress at Shopbop (Now $56.70) Visit site . The couple split in May 2014. Vergara has been engaged to actor Joe Manganiello since December 2014. Loeb's lawsuit was first filed in August 2014 before it was refiled again on April 1 with updated information and after Loeb sought new legal representation. Another claim in the documents is that, previously, the pair twice had eggs implanted in a surrogate, but the procedure failed. The New York Post column also reported that the American businessman said the actress paid her friend $200,000 in gifts and mortgage payments and that a embryo was implanted in the woman on two separate occasions in 2013 with neither surviving. Moving on: The Colombian actress, 42, is now engaged to Joe Manganiello, 38, and there are rumours the couple are planning to have children of their own via a surrogate . A source for the publication added: 'Sofía insisted on it. She said the assistant was the only person she could trust.' The insider added that Loeb would like to keep the embryos intact to have his own children: 'He told Sofía he would raise the children himself, they would be very well taken care of. He wouldn’t sue her for child support. She would have no parental responsibility. She refuses to allow him to take charge of the embryos.' Elsewhere in the lawsuit, it is claimed 42-year-old actress Vergara - who got engaged to True Blood hunk Manganiello on Christmas Day after six months of dating - was 'physically and mentally abusive' to Loeb. The documents state: 'She punched him in the face on two occasions, kicked him, and threw her phone at his head. She also routinely bullied him, calling him a "loser," "worthless" and other degrading names.' Wrangle: The lawsuit has been filed under the pseudonyms John and Jane Doe . No directive: Ultimately, the outcome will be at the discretion of a judge, but it would be unlikely that Loeb would be able to use the embryos without Vergara's consent, according to a legal expert who spoke to In Touch . Complicated matter: In this page of the document it states the former couple were planning on using a gestational surrogate to start a family and that the actress insisted on using a 44-year-old friend and employee . Arduous process: After the first two embryos failed to implant in the first surrogate the couple looked for another suitable candidate . Getting ugly: Page five of the document further detailed disagreements over the usage and disposal of the embryos and also alleged Vergara was physically, emotionally and mentally abusive to Loeb . In April 2013, Vergara - who has a 23-year-old son Manolo from her first marriage - spoke publicly about having frozen her eggs and her desire to have more children. She revealed that she and Loeb - who she dated on-off for almost four years - planned to use a surrogate on the account that she had thyroid cancer in 2000 and, as a result, had a lot of radiation. Meanwhile, Vergara  recently told Vanity Fair magazine that she may be emabrking on the baby-making process again with Mangianello, 38. While having another child would be 'weird', she said in an interview, it is something she might do if it made her new partner happy. She told the magazine: 'My son, Manolo, is 23 years old, which is going to be really weird if I have another baby. But, you know, Joe wants babies and if it's going to make him super-happy, then...' Scroll down for video . Mom-of-one: Sofia has a 23-year-old son Manolo from her first marriage. The pair are pictured together in 2014 at HBO's Golden Globes after party in Los Angeles .
The Modern family star 'is content to leave her fertilized eggs frozen indefinitely' her attorney says .
Loeb has filed a lawsuit to stop the actress destroying two frozen embryos, according to legal documents obtained by In Touch .
Embryos were fertilized using her eggs and his sperm in November 2013, six months before they split up, it is claimed .
Former couple previously tried to use surrogate to have children twice during their relationship, but procedures failed, according to the lawsuit .
Recent reports suggest that the Colombian-born actress insisted her 44-year-old assistant be a surrogate despite her now ex's objections .
Lawsuit also claims that Vergara was 'physically and mentally abusive' to Loeb during their almost-four-year relationship .