Sofia Vergara wants her ex Nick Loeb blocked from using their frozen pre-embryos.
The Modern Family actress, 45, filed a suit requesting Loeb to be officially obstructed from using the embryos without her written consent on Tuesday.
The State of California legal documents, obtained by DailyMail.com, ask for declaratory relief and a permanent injunction against Loeb, 41, in regards to the embryos they created in 2013 as a couple.
Halt: Sofia Vergara, 45, wants her ex Nick Loeb blocked from using their frozen pre-embryos
According to the new documents, ‘The terms of the Contract expressly state that neither party may use the pre-embryos created from the IVF procedure without the ‘explicit written consent’ of the other party.’
The papers also mention that two of Loeb’s exes have had abortions during their relationships, ‘a fact directly contradictory to his alleged pro-life views.’
Vergara is asking for unspecified general and also special and punitive damages and court costs she’s accumulated over the two-year legal battle.
In December, a judge dismissed a case Loeb brought against Vergara.
Legal action: The Modern Family actress, filed a suit requesting Loeb, 41, to be officially obstructed from using the embryos without her written consent on Tuesday
EXCLUSIVE: According to the new documents, ‘The terms of the Contract expressly state that neither party may use the pre-embryos created from the IVF procedure without the ‘explicit written consent’ of the other party.’
The Louisiana judge said the court had no jurisdiction over the embryos, which were conceived in California.
According to court documents, the judge referred to the embryos as ‘citizens of California’ and said that a decision concerning the case could require an evaluation of the embryos’ rights.
The exes have been fighting in a nasty and public legal battle for years. Loeb sued Vergara in early 2015 for custody of the female embryos they created together while they were engaged in 2013.
Public battle: The exes have been fighting in a nasty and public legal battle since early 2015; (pictured 2013)
While they were dating, the former couple signed a document saying they both had to consent to implant the embryos in a surrogate.
The pair broke up in May 2014. Loeb wants to see the frozen embryos, which he has named Emma and Isabella, grow to term and become his daughters while Vergara, who is now married to Joe Manganiello, wants to see them remain frozen.
Loeb dropped his case in 2016 a day before another one was filed by an unknown third party in Louisiana representing the embryos as plaintiffs.
After the Louisiana dismissal, it is uncertain if Loeb plans to refile another lawsuit.
Baby names: Loeb and Vergara created two frozen embryos while they were engaged in 2013. By May 2014, they had broken up. Loeb wants to see the frozen embryos, which he has named Emma and Isabella, grow to term ; (pictured September)
Frozen: Vergara wants to see the embryos remain frozen, (pictured in June)
In July, Vergara filed a motion in Los Angeles to use her ex fiancé’s deposition from a previous lawsuit in her court order to ensure her frozen embryos are not carried to term.
Court documents obtained by DailyMail.com in July showed that Vergara claimed her ex’s deposition from the 2015 case is relevant to her court order to prohibit him from suing again for the embryos.
The case has garnered the interest of pro-life groups because it called into question the rights of the embryos created at ART Reproductive Center in Beverly Hills.
Vergara and her lawyer have accused Loeb of trying to keep himself in the public eye by drawing attention to the case.
He wrote an opinion piece in the New York Times in 2015 that argued if a woman has a right to chose to carry a pregnancy to term, a man should have the same rights when it comes to an IVF embryo.
After the Louisiana dismissal, it is uncertain if Loeb plans to refile another lawsuit.
Vergara has a 24-year-old son, Manolo Gonzalez-Ripoll Vergara, from a previous relationship.
She married Magic Mike actor Joe Manganiello in a lavish Palm Beach ceremony in November 2015.
New family: Vergara has a 24-year-old son, Manolo Gonzalez-Ripoll Vergara, from a previous relationship. She married Magic Mike actor Joe Manganiello in a lavish Palm Beach ceremony in November 2015