According to reports this weekend, Loeb has been granted permission to file an amended lawsuit in his bid for custody of the two embryos they created together, which will see the pair back in court.
Loeb’s representation today revealed that the revised complaint contains a new claim that the Modern Family actress breached an oral agreement to create the two female embryos and bring them to term via surrogate.
Vergara previously said she was not worried about losing the case, as both had signed a written contract stating that the embryos could only be brought to term with both parties’ consent.
Vergara and Loeb created the embryos before splitting in 2014. Loeb recently launched the lawsuit for custody of the embryos, claiming that leaving them in storage would be “tantamount to killing them”.
Addressing Loeb’s latest move, Vergara’s lawyer today said: “The plaintiff [Loeb] is using his lawsuit to continue to attack Vergara in the press and continue to have his own visibility in the press.”
We will keep you updated on the story as it progesses.
