Nick Loeb has confirmed reports he filed a lawsuit against the Modern Family star after she appeared indifferent to his request to keep the embryos on ice, and suggested he should "destroy them".

Loeb has revealed he and Vergara tried to have children through a surrogate and still have two female frozen embryos cryopreserved. He is attempting to ensure they will not be thawed and destroyed as Vergara moves on with her life with new fiance Joe Manganiello.

In a statement to Access Hollywood, Loeb says, "I offered Sofia the option to not destroy them and I offered to waive all parental and financial responsibility and she said she didn't care and would rather destroy them."

In his lawsuit obtained by In Touch Weekly magazine, he accuses his ex of refusing to "agree to their preservation under all circumstances."

The suit also suggests Vergara, who is referred to as Jane Doe, was physically and mentally abusive towards Loeb, punching him in the face, throwing her phone at his head and verbally attacking him.

Vergara has yet to comment on the story.

Loeb's pal and Access Hollywood host Billy Bush says, "I think people would assume that it's vindictive and Nick is left holding the bag at the airport... That is not the case... He even said, 'She's more suited to big Joe than me...' It's amicable... but I think he's gonna see this all the way through."