The battle over Sofia Vergara's frozen embryos is just getting started.

On Friday, a judge ruled that the Modern Family star's ex-fiancé Nick Loeb can file an amended lawsuit seeking custody of the two female embryos he created with Vergara, Entertainment Tonight reports.

"He does believe they are his daughters," Loeb's lawyer Christina Goodrich said.

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Loeb first sued Vergara in August 2014 to make sure she did not destroy the embryos, but this is the first time he's seeking custody. The revised suit also includes the new complaint that Vergara breached an oral agreement to create the embryos and bring them to term via a surrogate.

Vergara's lawyer, Fred Silberberg, told the court that Loeb "is using this lawsuit to continue to attack [Vergara] in the press and continue to have his own visibility in the press." And since Vergara and Loeb both signed a consent form requiring agreement from each party before anything can be done with the embryos, "There is no legal issue," Silberberg added.

Loeb and Vergara dated on-and-off from 2010 until May 2014. While together, the couple attempted multiple times to get pregnant via surrogate. Two remaining embryos, created in 2013, are now left. If it were up to Vergara, who is now engaged to Joe Manganiello, they would remain frozen and untouched.

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