Nick Loeb,39, the one time fiance of actress Sofia Vergara, 42, is on a war path to recover some frozen embryos. The couple were engaged for two years from 2012 to 2014. Their engagement was called off, and both went their separate ways. Loeb is part of the  global financial empire the Lehman Brothers. While they were engaged Vergara and Loeb consulted with fertility specialists and created embryos, that were injected into a surrogate mother on two occasions. The procedure failed to result in pregnancies. There are two more frozen embryos, both females, being held at a fertility center. Loeb is making an argument for the custody of those embryos. Vergara refuses to comment on the controversy, she is currently engaged actor Joe Manganiello.

Loeb however has taken to the airways to tell his side of things, and perhaps cast a more positive light on this entire matter. Loeb appeared on the ‘Today Show with Hoda Kotb to offer his side of the issue. The private matter became public, when Loeb wrote an opinion editorial for the New York Times. In the piece Loeb said ” Our frozen embryos have a right to live.” For her part, Vergara appeared on the Howard Stern show and was asked pointedly by Stern about the controversy. She said” You know what, it’s like I totally understand him, but the thing is this. That fortunately or unfortunately there is law. You wrote, you signed papers, you signed legal papers, and he, if it was so serious for him, which I totally respect if it is serious for someone. He should have taken it more serious like I did.”

Front and center of the argument is the legal papers that Vergara and Loeb signed regarding the embryos. The terms of the agreement that neither party could bring the embryos to term without the consent of the other. Loeb responded to that with”So we actually signed those forms at the very beginning before all the processes every happened. None of the forms really discussed what happened in the event of a separation. They all have to do with whether we are together. So after we signed the forms, we actually went with the process of going forward with in vitro. Creating life, putting it into a surrogate.

We went through the process again to create new lives. My thought we would do it again, there was no really thought of, well now she’s going to change her mind and now we’re not going to do it. I assumed with our agreement that we were going to take these embryos to term.” He was asked about the fact that Vergara doesn’t want to have a child with an ex, she’s moved on, and why can’t he move on. He responded ” I have tremendous respect for Sophia, she’s smart and successful. You know we filed this back in October, this is not new, this has nothing to do with that. This has to do with lives that we have already created. This really has nothing to do with anything else else.”