There has been a new development in the ongoing legal battle with Sofia Vergara and her ex-fiancee Nick Loeb over custody rights to frozen pre-embryos.

On January 27, the Fourth Circuit Court of Appeal In Louisiana ruled in favor of the actress to obtain custody of the pre-embryos. The court also reversed the trial court order that sealed discovery in the case, all related documents are now unsealed to the public.

Vergara and Loeb ended their engagement in 2014. The Modern Family star married Joe Manganiello in 2015.

In 2017, Vergara filed legal documents in California to block Loeb from using the embryos without her written consent. The frozen pre-embryos were created via IVF at the ART Reproductive Center in Beverly Hills in 2013. The case is still pending.

Loeb tried to gain full custody of the viable pre-embryos to bring to term in Louisiana court, it has now been dismissed.

The court found that Loeb “is not domiciled in, does not maintain a residence in and does not have the intent to be domiciled or a resident to any parish in the State of Louisiana. They also accused Loeb of “forum shopping” to find a court that will be sympathetic to his case.

“We will be appealing to the Louisiana Supreme Court,” said Loeb’s attorney.

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