Sofia Vergara is being sued - by her own embryos.

Sofia Vergara

Sofia Vergara

The 'Modern Family' actress has been locked in a legal battle with former fiance Nick Loeb after he filed a suit last year to protect, and bring to term, two female embryos, which they had created and planned to use with a surrogate during their relationship, a request she is against.

And now the case has taken another turn after a right-to-live lawsuit was filed on behalf of 'Emma' and 'Isabella', the fertilised eggs - which were created in 2013 - against the actress, the New York Post newspaper reports.

The new lawsuit - which has been filed in Louisiana, a traditionally pro-life state that offers special legal protections for frozen embryos -- also has James Carbonnet, the eggs' 'trustee', listed as a plaintiff.

Documents state that Emma and Isabella have been deprived of an inheritance from a trust that has been created for them in Louisiana because they have not been born.

The suit asks the frozen embryos be given to Nick to be implanted in a surrogate so they can live and receive the trust, which would fund their healthcare and education. It also requests Sofia's parental rights be terminated and that the 'Hot Pursuit' star pay her former partner's legal fees.

Sofia - who is now married to Joe Manganiello and has 24-year-old son Manolo from a past relationship - and Nick had signed a contract at the ART Reproductive Center in Beverly Hills when they created the embryos in 2013, which stated neither could use the embryos without the consent of the other.

However, the new lawsuit argues the agreement should be deemed void as it didn't say what should happen if they split, and it violated California code and Louisiana law.

Nick had previously filed to protect the embryos in California, but reportedly dropped that case earlier this week after a judge ruled in favour of the 44-year-old actress' legal team, who had applied to force the businessman to identify two former lovers who had had abortions during his relationships with them.

He had appealed the decision but was turned down.

Though Nick, 41, spends most of his time between New York and Florida, he still serves as a reserve police officer in Louisiana, and is a graduate of Tulane University in the state.