SOFIA Vergara's former fiancé is set to seek custody of their frozen embryos.
Nick Loeb, who is locked in a bitter dispute with the 'Modern Family' actress over the future of two female embryos they created together before their split last May, was granted permission to file a revised complaint by Superior Court Judge Lawrence Cho on Friday (22.05.15), allowing him to attempt to secure access to them and have them implanted in a surrogate.
The businessman originally filed a lawsuit against the 42-year-old star last August under the names John and Jane Doe in a bid to prevent her from ever destroying the embryos, even though she is now engaged to 'Magic Mike' actor Joe Manganiello, but the new complaint will be in both of their real names.
Sofia's lawyer claimed Loeb failed to state a viable legal claim to the embryos and noted he previously signed an agreement that both he and the actress needed to consent to what happened to the embryos, according to NBC News.
He also accused him of using the lawsuit to boost his own profile.
But the judge sided with the entrepreneur after his lawyer argued he believes the embryos are "his daughters."
The Colombian actress recently accused Loeb of taking advantage of her.
The 'Hot Pursuit' star said: "I've been working very hard for 20 years to get to this point where I am, enjoying my movie.
"I promote all my movies, all my work, but I don't like promoting my private life...
"I don't want to allow this person to take more advantage of my career and try to promote himself and get press for this."
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