Nick Loeb is now able to file an amended lawsuit seeking control over the frozen embryos he created with ex-fiancée, "Modern Family" actress Sofia Vergara.

According to Fox News Latino, Superior Court Judge Lawrence Cho ruled on Friday that Loeb can now file a revised complaint which could grant the businessman a ruling that the embryos could not be destroyed.

Vergara's lawyer, Fred Silberberg, previously opposed the amended lawsuit, claiming that Loeb has failed to make a viable legal claim to the embryos. He added that Vergara's former partner signed an agreement that both parties needed to consent to what action would be done to the embryos, the news outlet added.

Silberberg also accused Loeb of taking advantage of the lawsuit to raise his own profile. In an op-ed published on The New York Times headlined "Our Frozen Embryos Have a Right to Live," Loeb raised some controversial issues about parenting and philosophy, going against Vergara's desire to have the embryos frozen in an indefinite amount of time.

"It is almost a sham pleading under the law," Silberberg told Cho, as quoted by Fox News Latino.

Loeb's attorney, Christina Goodrich, disagreed with Silberberg's description of Loeb. According to the lawyer, the legal dispute and the frozen embryos have proven to be "a very personal, private struggle" for Loeb, adding that though unborn, "he does believe that they are his daughters," Fox News Latino added.

After getting engaged in 2012, Loeb began to persuade Vergara for children but two initial attempts at surrogacy failed. The former couple parted ways in 2014 after creating two more female frozen embryos via in vitro fertilization at a Beverly Hills fertility clinic a year before their breakup, Washington Post reported. However, once the embryos were made, "it became clear once more that parenthood was much less urgent for her than it was for me," Loeb explained in his op-ed.

An "ultimatum" was given to the Colombian beauty about having kids, which then led to the pair's breakup, Washington Post noted. Vergara is now engaged to "Magic Mike XXL" actor Joe Manganiello.

According to Fox News Latino, Loeb's initial lawsuit named him and Vergara as John and Jane Doe. The new complaint, however, will indicate both of their names.

"Many have asked me: Why not just move on and have a family of your own? I have every intention of doing so," Loeb wrote on The New York Times. "But that doesn't mean I should let the two lives I have already created be destroyed or sit in a freezer until the end of time."

Loeb also said that he is willing to carry the costs of storing the embryos and in raising the girls, Washington Post noted.