Sofia Vergara's legal battle to bar her ex from their embryos continues to get nastier.

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Ever wonder what would happen to your frozen embryos if you broke up with your partner?

For over two years, Sofia Vergara has been in court attempting to bar her ex Nick Loeb from using the frozen pre-embryos they created at the ART Reproductive Center in Beverly Hills while still together back in 2013, unless he first obtains her consent.

The lawsuit the actress is attempting to avoid was filed on behalf of Emma and Isabella. Yes, the embryos. Sofia Vergara is being sued by her own embryos for the right to live.

Court papers filed in the US state of Louisiana, obtained by Page Six, reportedly list the embryos as plaintiffs, and claims that by not being born they are being denied inheritance set aside for them in a trust fund.

Now, Loeb is claiming his ex-wife tried to “punish” his attempts at becoming a father.

“A lot of people think I’m trying to steal her eggs and they don’t realise that an embryo is half mine,” he said. “Half my DNA and half her DNA. It’s actually a human being.”

Indeed, the reason this dispute has been so tumultuous and has gone on as long as it has is because the law in this area is incredibly murky. Who owns the embryos? It’s a question that is deeply rooted in ethical quandries and boils down to the age old question: when does life begin?

Listen: The Mamamia Out Loud team discuss the dispute and what should happen to the embryos (post continues after audio…)

The actress was with the wealthy businessman for four years before the pair split in 2014. Loeb gave the Modern Family star an ultimatum: give me children or we’re done.

Loeb published an op-ed in the New York Times in April 2015 titled “Our Frozen Embryos Have a Right to Live,” in which he talked about why he wants so badly to save the embryos.

“The first embryo we implanted didn’t take. The second time, the surrogate miscarried, and I felt crushed,” he says.

He wanted to keep trying. She didn’t.

The 41-year-old asked for permission to use the eggs, taking on all parenting responsibilities with Vergara as merely an egg donor. The actress refused and the legal battle began.

Loeb’s plea was simple: I just want to be a dad.

“A woman is entitled to bring a pregnancy to term even if the man objects. Shouldn’t a man who is willing to take on all parental responsibilities be similarly entitled to bring his embryos to term even if the woman objects?,” he wrote in the New York Times.

In Loeb’s mind, Emma and Isabella are already his daughters. He just wants them to have the chance to live.

The 45-year-old is now married to actor Joe Manganiello and despite her refusal to use the embryos, she said she has spoken about kids with her husband.

The actress is now pursuing her own action, asking a judge to prohibit Loeb from using the embryos.

Vergara and Loeb signed a contract at the with the reproductive centre when they created the embryos. The agreement clearly stated neither party could use the embryos without the consent of both. It should have been a clear open and shut case.

However, Loeb is now arguing the contract should be deemed void as it didn’t say what should happen in the event of a breakup, which is a requirement under Californian law.

The hearing will take place on May 11th in Los Angeles.

Do you think Nick Loeb should be allowed to use the embryos?

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Mamamia's Infertility Week shines a light on the joy, the pain and everything in between when it comes to creating  families. To read more from Infertility Week, click here.