Sofia Vergara doesn't think a judge will give Nick Loeb custody of their embryos.

Sofia Vergara

Sofia Vergara

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.

She 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?

"What judge is going to say OK? Even if it's life or not life, it's not what he signed at the moment. You know, you should have thought about all of that."

And even if Nick is able to use a surrogate to have children with the embryos, 42-year-old Sofia - who has 22-year-old son Manolo from a previous relationship and is now engaged to Joe Manganiello - doesn't think the situation makes for a good environment for the kids.

Speaking to Howard Stern on his SiriusXM radio show, she added: "More than a mother, [a child] needs a loving relationship of parents that you know, get along, that don't hate each other.

"I don't hate him but obviously he has a problem with me. ... I wouldn't imagine anyone saying to bring to the world kids that already have everything set up wrong for them. It'd be so selfish."

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

He said: "I asked her to let me have the embryos, offering to pay for all expenses to carry our girls to term and raise them. If she did not wish to share custody, I would take on full parenting responsibilities and agree to have her declared an egg donor.

"She has refused...

"I take the responsibility and obligation of being a parent very seriously. This is not just about saving lives; it is also about being pro-parent."