On Friday, a judge granted Nick Loeb permission to file a revised complaint against Sofía Vergara, ET Online reports. The revised complaint alleges Vergara violated an oral agreement to bring frozen embryos created from his sperm and Vergara’s eggs to term via a surrogate.

When they were still together, Loeb and Vergara signed a consent form explicitly stating that both needed to agree before anything could be done with the frozen embryos, of which there are still two. That being so, Vergara’s lawyer Fred Silberberg said in court on Friday, “There is no legal issue.”

Loeb originally filed suit in August 2014, seeking custody of the frozen female embryos. “He does believe they are his daughters,” Loeb’s lawyer Christina Goodrich said last week. (Loeb wrote an op-Ed for the New York Times to this effect in April.)

“[The] plaintiff is using this lawsuit to continue to attack [Vergara] in the press and continue to have his own visibility in the press,” Silberberg said.

Photo credit: AP Images. Contact the author of this post: brendan.oconnor@gawker.com.