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Judge Rules That Nick Loeb Can Sue Sofía Vergara for Embryos

Photograph by Matt Baron/BEImages

Nick Loeb is one step closer to getting custody of the frozen embryos he shares with ex-fiancée Sofía Vergara.

On Friday, May 22, Superior Court Judge Lawrence Cho gave Loeb permission to file a revised lawsuit against the "Modern Family" actress to gain custody of two embryos, according to the Associated Press. Loeb's original lawsuit, which he filed last August, sought to keep Vergara from destroying the embryos.

The former couple is battling over a pair of frozen female embryos, created from Loeb's sperm and Vergara's eggs while they were still together.

Loeb even wrote a personal op-ed in the New York Times titled "Our Frozen Embryos Have a Right to Live."

Vergara, who is now engaged to "Magic Mike" actor Joe Manganiello, and her attorney have fought against the original and revised lawsuits because she and Loeb are no longer together.

Fred Silberberg, Vergara's attorney, argued in court that "Loeb signed an agreement that both parties needed to consent to what happened to the embryos," the AP reports.

Silberberg also asserted that Loeb was pursuing this issue to further his own profile. However, Loeb's attorney, Christina Goodrich, said that wasn't the case.

"He does believe that they are his daughters," Goodrich argued, according to the AP.

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