"Modern Family" star Sofia Vergara and ex-fiance Nick Loeb's legal battle over embryo has gained momentum as a judge ruled on May 22, Friday, that the latter can file a lawsuit to seek the custody of the embryos created by them.
According to recent reports, superior court judge Lawrence Cho gave the decision that Vergara's ex-fiance can can, under which he can seek the custody of the embryos. Loeb, who split last year from TV star after dating for many years, had sued the star in August so as to stop her from destroying the embryos they had created together.
The two reportedly had gone for in-vitro fertilization and had stored their embryos for future use. The couple split last year in May and since been disputing over the fate of the two female embryos. While the "Hot Pursuit" star wants to destroy them, Loeb has reportedly become emotionally attached and wants to bring them in this world.
Meanwhile, Vergara's attorney accused Loeb for using the embryos battle for publicity and to raise his stature in the society. Loeb's attorney Christina Goodrich disputed the claim, saying that the case presents a novel legal question and her client believes "that they are his daughters," Daily Mail reported.
Vergara, who has moved on with her current fiancé Joe Manganiello with whom she got engaged over Christmas, has earlier deemed the situation as unfair.
Meanwhile, People reported that the fight over frozen embryo has become messier with the businessman has also accused the 41-year-old actress of physical and emotional abuses in the recently filed lawsuit. Loeb has accused that the star used to routinely bully him and even physically abused him on multiple occasions.