Los Angeles, May 5 (IANS): Actress Sofia Vergara doesn't think a judge will give her former fiance Nick Loeb custody of their embryos because he wasn't unhappy with their contract at the time it was signed.

The former couple are currently embroiled in a legal battle over the fate of two embryos they created in 2013 and while the businessman insists an agreement they drew up at the time should be ruled invalid under Californian law -- which requires a specification as to what should happen if a couple separates, the "Hot Pursuit" star doesn't think a court will agree with his stance, reports femalefirst.co.uk.

Speaking to Howard Stern on his radio show, Vergara said: "There is a contract that he can't do anything. We wrote what we wanted at the time. It's not like a contract (where) they give (it to) you right there the moment they're gonna take the eggs out -- no, they give you this in advance. You see it, you review it, and not only that, we did it two times... Two times and suddenly you want to change your mind?"

Loeb, 39, previously revealed he has offered to "pay all expenses" to have a surrogate carry the embryos, but his former fiancee has refused.