Nick Loeb, who dated the Modern Family actress on and off from 2008 to May 2014, is suing Vergara for access to two embryos the couple fertilised together with the intention of having a child.

The couple froze the fertilised embryos in November 2013, storing them at a Beverly Hills IVF facility.

The two embryos were created after the couple previously had an unsuccessful attempt at IVF. The additional embryos were created so that the couple could try the procedure again with a different surrogate.

However, the couple broke off their engagement before the additional embryos could be implanted.

Loeb believes Vergara, who recently became engaged to True Blood star Joe Manganiello, intends to destroy the embryos.

Under the storage agreement for the embryos, the embryos can only be removed from the facility with the consent of both parties unless one party has died, in which case the other party receives custody.

There were no provisions for what would happen if the couple separated.

Loeb also claims that he was abused by Vergara throughout their relationship, causing him to consent to the conditions against his will.

"She punched him in the face on two occasions, kicked him and threw her phone at his head. She also routinely bullied him, calling him a 'loser,' 'worthless' and other degrading names," the papers, obtained by In Touch, read.

However, Vergara's legal team has dismissed both the allegations that Vergara plans on destroying the embryos and those of spousal abuse, telling People Loeb's claims are "uncredible and have no merit".

The suit was originally filed several weeks ago under the anonymous names "Jane Doe" and "John Doe", however, representatives for Loeb and Vergara have confirmed this week that they are the parties involved.

"I have always strongly believed that life begins at conception and that every embryo is a life on the journey towards birth," Loeb said in a statement released by his lawyer, celebrity attorney Mark Jay Heller, who has previously represented Lindsay and Dina Lohan as well as Jon Gosselin of Jon and Kate Plus 8 fame.

"I created these two female embryos with the purpose of taking them to term and not destruction, because I have always dreamed of being a father," he added.

The case could have legal significance in the US.

In his own statement, Heller says that, if the parties do not decide to settle outside of court, the case may become the "first test case for Pro-Parenthood".

Loeb and Vergara became engaged in July 2012. The couple ended their notoriously on-and-off engagement in May 2014.

Vergara, 42, announced the split on her WhoSay page.

"We have being having too many problems with figuring out how to spend time together and because of my work and now his, its been getting worse and worse, not fun anymore [sic]," she wrote.

"We are still very close but we belive is the best thing for us right now [sic]."