Kelly Rutherford with Daniel Giersch
06/09/2009 AT 07:05 PM EDT
The ill will from a divorce
and custody battle between Kelly Rutherford and her husband has now apparently reached into the hospital delivery room.
The Gossip Girl
star welcomed her second child, daughter Helena, on Monday, but the actress's estranged husband, German entrepreneur Daniel Giersch, tells PEOPLE he was never notified of the birth, and instead read about it in online reports, some unfavorable toward him.
"Media reports claiming that I neglected to attend my daughter's birth are total lies and fabrication," Giersch says in a statement. "I was never informed by Kelly about the birth of our daughter, nor was I invited to attend. In fact, I found out about it through Internet reports like everyone else. Although this sickens me, I am of course overjoyed that our baby was born healthy. I would've wanted nothing more than to hold our newborn daughter for a few moments, and I only seek to coparent both our children responsibly and with love."
Giersch says he had a verbal agreement with Rutherford that she would notify him by phone or text message of her labor, hospitalization, and the child's birth – which he alleges never happened.
According to Rutherford's publicist Jill Fritzo, "The doctors advised that no one be in the birthing room; [Daniel] was notified when [Helena] was born and was immediately invited to come see her."
Rutherford, 40, and Giersch, 34, are currently mired in a custody dispute
over their 2-year-old son, Hermes.