Modern Family star Sofia Vergara has been sued by former partner Nick Loeb, who wants to prevent her from ever destroying two female embryos the couple artificially conceived.

Loeb, 39, and Vergara, 42, created and froze the embryos using IVF treatment before their engagement was called off last year amid allegations of ‘physical, mental and emotional’ abuse made by Loeb against the actress.

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Sofia Vergara with her current fiance, Joe Mangeniello. Photo: Getty

Loeb reportedly believes that life begins “at conception” and is thus suing to protect “his babies”, a source told InTouch.

“He hopes the filing will be a test case for how frozen embryos should be handled,” the source said.

Vergara has reportedly refused to agree to preserve the embryos “under all circumstances,” the source said, although there have been no reports the star wants to immediately destroy them.

In his law suit, Loeb also accused Vergara of being abusive throughout their four-year relationship, alleging she “punched him in the face on two occasions, kicked him, and threw her phone at his head”.

Reproductive technologies like IVF have sparked bitter legal disputes in many countries, including Australia, mostly involving relationship break-ups or the death of one partner.

Loeb’s case could set a precedent in US law.

Vergara is now engaged to Magic Mike actor Joe Manganiello.