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Nick Loeb given permission to sue Sofia Vergara for frozen embryos

A US judge has granted Nick Loeb permission to seek custody of his "daughters", the embryos he created with Vergara.

Despite Sofia Vergara’s best efforts to diffuse the situation, it seems her persistent ex won’t back down.

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Nick Loeb, Vergara’s former fiancé, was today granted permission to file another lawsuit against Vergara, allowing him to seek “custody” of the embryos they created together during their relationship.

Loeb has recently been campaigning for the embryos, which were created from Loeb’s sperm and Vergara’s eggs, to be handed over to him, so that he can “carry our girls to term and raise them”.

Vergara, however, is not in favour. Since breaking their relationship off, Vergara has told lawyers that she would like the embryos to remain frozen “indefinitely”, an action Loeb has called “tantamount to killing them”.

Loeb’s current suit has been amended to include a claim that Vergara and Loeb made an “oral agreement” to create the embryos and bring them to term via a surrogate, but she has since “breached the terms of that agreement”.

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Attempting to explain her side of the story, Vergara spoke through lawyers previously, stating that she does not want to use or destroy the embryos, but to leave them frozen.

Although he claimed he wanted to keep the case private, he has since written an article for the New York Times about his relationship with Vergara and the embryos he refers to as his “daughters”.

“It has gotten attention not only because of the people involved… but also because embryonic custody disputes raise important questions about life, religion and parenthood,” wrote Loeb, “Many have asked me: Why not just move on and have a family of your own? I have every intention of doing so. But that doesn’t mean I should let the two lives I have already created be destroyed or sit in a freezer until the end of time.”

The custody dispute between Vergara and Loeb is currently ongoing.

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