Sherri Shepherd will be forced to pay child support to her ex husband Lamar Sally in order to support the child that they had via surrogate.

The Pennsylvania Supreme Court declined to hear the case after an appeal’s court ruled that Shepherd was the legal mother of the child, who has been named L.J. and who was conceived using Sally’s sperm and a donor egg.

Judge Rules Sherri Shepherd is Legal Mother of Child Born Via Surrogate

In April 2015, a judge ruled that Sherri Shepherd is legally the mother of the child born to her and ex Lamar Sally via a surrogate, but Shepherd appealed to the Pennsylvania Supreme court to reverse the decision made by the Superior Court.

Shepherd claimed that Pennsylvania law requires parentage to be proven either by “genetics/biology or by adoption.”

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“The lower court usurped the power of the Pennsylvania legislature by finding this contract enforceable,” the petition stated.

Melissa Brisman, founder of Reproductive Possibilities, which arranged the surrogacy for Shepherd and Sally, lauded the court’s decision as a “victory for reproductive rights.”

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“This ruling should give comfort to the surrogate and future parents,” she told People.