Nick Loeb has launched a legal claim to the embryos after alleging the Modern Family star wanted to destroy the eggs they had frozen when he and Vergara were a couple, revealing he is keen to bring them to term. The actress' lawyer has disputed his statements.

Earlier this year (16), the 44-year-old asked a judge to order Loeb to disclose two past girlfriends who reportedly terminated their pregnancies while he was dating them 20 years ago. Loeb appealed the order, but a Court of Appeals judge sided with Vergara.

The actresses' lawyers are seeking to depose the women, but Loeb is worried the women's names could be made public.

"I would rather go to jail than reveal the names," he tells New York Post's Page Six. "I believe we have to protect a woman's right to privacy."

"Not only are Plaintiff's (Loeb's) privacy rights under attack but so are the rights of third-party individuals who have nothing to do with (Loeb's) relationship with Ms. Vergara, the embryos or the litigation," a petition continues. "(This is) an attempt to harass third parties to obtain testimony."

Vergara and Loeb split in 2014. She is now married to Magic Mike star Joe Manganiello.