The Modern Family actress and ex-fiance Nick Loeb have been locked in an battle over the eggs they froze as part of in-vitro fertilisation (IVF) treatment in 2013, ever since they split in 2014.

The businessman sued Vergara for custody of the two eggs, which remain frozen.

On Tuesday (06Dec16), a bizarre report in the New York Post suggested a suit had been filed in Louisiana on behalf of the two female embryos, naming them 'Emma' and 'Isabella'.

The lawsuit also reportedly suggests the frozen embryos should be handed to Loeb, so they can 'live' and receive the trust set up for them.

Vergara's lawyer has now responded to the reported lawsuit without confirming or denying if the story is true.

"Next week the judge presiding over the case was to rule on Ms. Vergara's request for sanctions against Mr. Loeb for refusing to comply with a court order, and on her motion for summary judgment-seeking dismissal of the case he filed against her, attempting to get control of pre-embryos that he created with Vergara," a statement to Us Weekly from attorney Fred Silberberg reads.

"That genetic material was created pursuant to a written agreement that required both parties written consent to attempt to create a pregnancy... Reports are out that Mr. Loeb has caused a lawsuit to be filed on behalf of the pre-embryos in Louisiana, essentially trying to get the same relief that he was trying to get through his failed legal attempt in California."

"The media reports contend that Mr. Loeb has caused a lawsuit to be initiated claiming that the pre-embryos - which are not embryos, but rather frozen fertilized ova, have been given names by him and have a right to live."

Silberberg reportedly believes the reported new lawsuit will "result in failure" and that Vergara should be spared "another unnecessary legal battle."

Last month (Nov16), the landmark legal battle took another bitter turn when a California Court of Appeals judge insisted Loeb reveal the names of two women who allegedly terminated their pregnancies while he was dating them 20 years ago.

He subsequently refused to reveal the names, telling the New York Post, "I would rather go to jail than reveal the names. I believe we have to protect a woman's right to privacy."

Since her split from Loeb, Vergara wed Magic Mike star Joe Manganiello.