A judge In Louisiana has dismissed a case which would see Sofia Vergara's ex-fiance have the right to their frozen embryos.

The Modern Family actress had filed papers earlier this year (17) asking the court to block her former partner Nick Loeb from trying again in the future to take control of the embryos, which the former couple froze as part of in vitro fertilization (IVF) treatment in 2013.

However according to TMZ, Nick had filed a claim to the frozen embryos in Louisiana, which was instantly dismissed by the judge.

The judge reportedly claimed the court had no jurisdiction because the embryos were not conceived in Louisiana and referred to them as "citizens of California".

In documents filed by Nick, he claimed Colombian star Sofia filmed a movie in the state in 2014 and the couple had planned their life together whilst in Louisiana.

However the judge felt that neither parent had any permanent ties to the state, leaving him unable to pass judgment.

TMZ further reports the judge observed that the case was probably filed in Louisiana due to its favorable rights of unborn children.

The exes have been fighting in a nasty and public legal battle since 2015.

During their relationship, the couple had signed a document saying they both had to consent to implant the embryos in a surrogate.

However, when the pair broke up in May 2014 Nick wanted to see the frozen embryos, which he has named Emma and Isabella, grow to term and become his daughters, while Sofia, who is now married to Joe Manganiello, wanted them to remain frozen.