Vergara and Loeb split last year (14), and he has since revealed his desire to have kids with the actress was partly to blame for the break-up.

Now, Loeb is claiming the couple tried to have children through a surrogate and still have two female frozen embryos cryopreserved. He is attempting to ensure they will not be destroyed as Vergara moves on with her life with new fiance Joe Manganiello.

In a lawsuit obtained by In Touch Weekly magazine, he accuses his ex of refusing to "agree to their preservation under all circumstances."

The suit also suggests Vergara, who is referred to as Jane Doe, was physically and mentally abusive towards Loeb, punching him in the face, throwing her phone at his head and verbally attacking him.

Loeb also claims in the legal files the couple filled out forms pertaining to what would happen to the embryos, created through in vitro fertilization using his sperm and Vergara's eggs six months before the couple split in 2014, in the event of their death, but not their separation.