Sherri Shepherd Surrogacy Case Appeal: Actress Hopes To Get Higher Court Ruling

By Rachelle Thomas rachelle.thomas@mstarsnews.com | Jan 14, 2016 01:31 PM EST

Sherri Shepherd is appealing a ruling in the surrogacy case she has been fighting for a year.  The actress is taking her legal battle to a higher court to fight an order that is holding her responsible for the child born via surrogacy before her divorce was finalized.

A Pennsylvania court ruled that the former The View co-host was to pay child support for a boy that was born to her and ex-husband Lamar Sally via a surrogate before their divorce. The court has also ordered that Shepherd be named the legal mother of the one year old and her name be added to his birth certificate. She is fighting back and asking that the Pennsylvania Supreme Court take her case.

In Shepherd's petition to the court, she stated that by law in the state of Pennsylvania the only way to become a parent is through adoption or giving birth. She further claims that the state law does not allow someone to become a mother by contract. Her request is for the court to take into consideration whether or not the lower court had the authority to declare her a parent based on the fact that she is not biologically or genetically related to the 17-month-old boy. As it turns out, the child was conceived by using Sally's sperm and a donated egg.

The actress has openly talked about the case and shared her story about why she is taking legal action. She went through with the surrogacy despite having marital problems out of her fear that Sally would leave her. When her marriage did end the surrogate was already pregnant. The litigation began once Shepherd decided to fight to not have her name on the child's birth certificate or be legally recognized as his mother.

It will be a couple of months before the Pennsylvania Supreme Court even decides whether or not to hear Sherri Shepherd's surrogacy case. Even if the higher court decides to take the case it could be months and months before a ruling comes down. It looks like this heated legal battle is nowhere near coming to an end.

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