Sofia Vergara's ex given chance to revise lawsuit to fight for custody of frozen embryos

Actress Sofia Vergara has suffered a setback as she battles her former fiance over the future of their frozen embryos after a Los Angeles judge allowed her ex to amend his lawsuit.

Nick Loeb is seeking to have the two fertilized eggs brought to term, despite having signed contracts with fertility clinic bosses forbidding the action unless both parties give their consent.

The Modern Family star wants the embryos, both female, to remain untouched and her attorney, Fred Silberberg, headed to Los Angeles County Superior Court on Friday (22May15) for the first hearing in the case.

During the session, Silberberg argued that Loeb has failed to state any viable legal claim to the embryos and accused the businessman of using the lawsuit to raise his own profile in the press.

He told Judge Lawrence Cho, "It is almost a sham pleading under the law."

However, Loeb's legal representative, Christina Goodrich, fired back at the accusation, insisting her client's battle to become a dad has been a very personal one, stating, "He does believe that they (embryos) are his daughters."

The judge subsequently gave Loeb another chance to file an amended lawsuit to argue his case for custody of the embryos.

Vergara split from Loeb a year ago (May14) and has since become engaged to Magic Mike hunk Joe Manganiello.

She has previously blasted Loeb for trying to "take advantage" of her fame by airing his grievances in the press and insisted it would be "selfish" for either herself or Loeb to bring the eggs to term with the help of a surrogate without the other's permission.