Judge allowing new lawsuit in Sofia Vergara embryo fight

SANTA MONICA, Calif. (AP) — A judge is allowing Sofia Vergara’s ex-boyfriend to file an amended lawsuit seeking custody of frozen embryos created during their relationship.

Los Angeles Superior Court Lawrence Cho ruled Friday that attorneys for Nicholas Loeb can file an amended lawsuit against Vergara seeking access to the embryos so that they may be implanted in a surrogate.

Vergara’s attorney, Fred Silberberg, objected to allowing an amended lawsuit, which will now name the actress directly. Loeb’s initial lawsuit identified him and the “Modern Family” star as John and Jane Doe.

Silberberg argued Friday that Loeb has not presented a viable legal claim to the embryos and pointed to a contract signed before they created them that requires the former couple to both consent on how they are used.

Vergara and Loeb broke up in May 2014.