The invasion of privacy lawsuit is against unnamed defendants and references California’s laws that make photographing or filming someone in their home illegal.
The state was the first to introduce laws reining in paparazzi in 1998, in response to the death of the duke’s mum Princess Diana, who was killed in Paris the year before.
But as the couple – who stepped down as senior royals in March, initially moving to Vancouver Island in Canada – don’t know the identities of the snappers, the suit would allow them to target anyone circulating the images.
Meghan and Harry’s lawyer Michael J. Kump said: “Every individual and family member in California is guaranteed by law the right to privacy in their home. No drones, helicopters or telephoto lenses can take away that right.
“The Duke and Duchess of Sussex are filing this lawsuit to protect their young son’s right to privacy in their home without intrusion by photographers, and to uncover and stop those who seek to profit from these illegal actions.”
The suit claims the family has been the victim of drones, photographers and helicopters since their move, with holes even being cut in their security fences.
Meghan and Harry announced in January they would be ‘abdicating’ from the Royal Family and splitting their time between the UK and North America.
Harry has said the decision was made to protect Archie, while the couple plan to become financially independent.