BATON ROUGE – The fight over ‘Modern Family’ star Sofia Vergara’s frozen embryos has moved out of the Louisiana court system.

According to The Advocate, now the question is whether Vergara can get a get a federal judge to toss out the lawsuit brought on by her former fiance.

Vergara filed a “notice of removal” of the case from a state district court in Gretna to federal court in New Orleans last month.

Her former partner, Nick Loeb, brought on a lawsuit in Gretna court last December, suing Vergara on behalf of her embryos “Emma” and “Isabella.”

Louisiana law holds that viable embryos are people who can’t be intentionally destroyed.

Loeb is banking on that statute to eventually have the embryos implanted in someone and brought to term, The Advocate reported.