Sofia Vergara I'm Not Having Nick's Baby But I'm Not Destroying the Embryo

4/18/2015 7:53 AM PDT

Sofia Vergara -- I'm Not Having Nick Loeb's Baby ... But I'm Not Destroying the Embryo

EXCLUSIVE

Sofia Vergara had to make a tricky decision ... there's a fertilized egg sitting around that could produce a baby she doesn't want, but she doesn't want to anger  the "right to life" people by destroying it.

As TMZ reported, Sofia and then fiance Nick Loeb planned on having a baby together, which resulted in a fertilized egg being stored at a Beverly Hills reproductive facility.  Nick has filed a lawsuit, saying Sophia wants to destroy the embryo, but he wants the kid.

Sofia's lawyer told People, "Vergara has never suggested that she wished to have the embryos destroyed," adding, "She has always maintained that they be kept frozen."

It seems strange on the surface.  If she doesn't want the baby, why not destroy the embryo?

Sources close to Sofia tell TMZ, 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 conception.

So we're told Sofia's solution is right in the contract, which says both parties have to agree to have the baby, and both sides have to agree to destroy the embryo.  She will agree to neither, which means the baby will not be born.