Sherri Shepherd is fighting back against a judge's decision to name her the legal mother of a child born via surrogate to her and her ex-husband Lamar Sally, according to legal documents obtained by People and E! Online.
In April 2015, a Pennsylvania judge decided that the former "View" co-host would be listed as the baby's mother on his birth certificate. A judge also declared that Shepherd would be financially responsible for the child, named Lamar Sally Jr., and born in August 2014.
The 48-year-old claims that the court had no right to declare her the child's mother and is now appealing to the Pennsylvania Supreme Court, asking that the decision be reversed. She stated that Pennsylvania law determines parentage by either "genetics/biology or by adoption."
"The lower court usurped the power of the Pennsylvania legislature by finding this contract enforceable," the petition stated, according to E! Online.
In the petition, Shepherd, who has a 10-year-old son with her ex-husband, is asking the court to consider "whether the lower court usurped the sole and exclusive authority of the [Pennsylvania] legislature to make law by declaring valid and enforceable a provision in a surrogacy contract that created parentage in a non-biological and non-genetic parent," according to People Magazine.
As previously reported by HNGN, Shepherd and Sally tied the knot in Aug 2011 but split in March 2014. Shepherd later filed for divorce on May 2014, citing irreconcilable differences. Her filing came only one week after Sally had filed legal separation papers, also citing irreconcilable differences.
At the time of their split, the former couple were expecting a baby via surrogate. However the baby was produced only with Sally's sperm and Shepherd had subsequently declared no interest in raising another child. Court documents stated that Sally was asking for full legal and physical custody of the unborn baby and requesting the court give documents to "prevent [Shepherd] from interfering with his ability to take the kid with him after the birth."
A court decided that Shepherd would have to pay up to $4,600 a month in child support until the child turns 18, TMZ reported. She was also under contract to pay for some of the costs incurred by the "embryo carrier."
"Justice was served," Sally's attorney, Tiffany Palmer, told E! Online after the April 2015 Superior Court's decision naming Shepherd the legal mother. "The court found that the baby has two legal parents and those people are the two people who conceived him, Lamar Sally and Sherri Shepherd.
"The court upheld what we believe is and should be the law in Pennsylvania. If you set out to conceive a child through assisted reproduction and enter into contracts to do so, you cannot just walk away from your legal parental responsibility because you changed your mind."
Shepherd and Sally reportedly decided to have a child in order to save their then-failing marriage. The court is reportedly expected to make a decision within three months regarding whether it will consider hearing Shepherd's case. Until then, she will remain on Lamar Jr.'s birth certificate.
