Los Angeles, May 23 (IANS): Sofia Vergara's former fiance Nick Loeb is reportedly set to seek custody of their frozen embryos after a judge gave him permission to refile his lawsuit against the actress.

Loeb, who is locked in a bitter dispute with the "Modern Family" star over the future of two female embryos they created together before their split May 2014, was granted permission to file a revised complaint by Superior Court Judge Lawrence Cho on Friday. This has allowed him to attempt to secure access to them and have them implanted in a surrogate, reports femalefirst.co.uk.

The businessman originally filed a lawsuit against the 42-year-old actress in August 2014 in a bid to prevent her from ever destroying the embryos, even though she is now engaged to "Magic Mike" actor Joe Manganiello.

The Colombian actress recently accused Loeb of taking advantage of her.

Vergara said: "I've been working very hard for 20 years to get to this point where I am, enjoying my movie. I promote all my movies, all my work, but I don't like promoting my private life... I don't want to allow this person to take more advantage of my career and try to promote himself and get press for this."