Modern Family actress Sofia Vergara is in a legal battle with her former fiance, who wants to have children from the couple’s frozen embryos.

Nick Loeb said he wants a surrogate to carry and give birth to two embryos he and Vergara created through in vitro fertilisation before they split up.

He said the actress, who plays Gloria in the ABC comedy, has refused.

Vergara, who has been named the highest-earning actress on TV for the last three years, declined to comment.

Writing in the New York Times, Loeb said he and Vergara had signed a document at the time of the IVF stating that any embryos could only be brought to term with both parents’ consent.

However he is trying to have that document declared void because it did not specify what would happen if the couple separated.