Sherri Shepherd and Lamar Sally's surrogacy legal battle continues.
A judge ruled in April that she is the legal mother of her and Lamar's baby, Lamar Sally Jr., who was born via surrogate and was already on the way when she and Lamar split up. But now the former The View host is asking the Pennsylvania Supreme court to reverse the decision made by the Superior Court.
Shepherd is arguing that the lower court didn't have a right to declare her the mother, as Pennsylvania law requires parentage to be established by "genetics/biology or by adoption," according to legal documents obtained by E! News.
"The lower court usurped the power of the Pennsylvania legislature by finding this contract enforceable," the petition states.
The Pennsylvania Supreme Court will most likely decide within the next three months whether it will hear the case. The Superior Court's ruling mandated that Shepherd's name be on the child's birth certificate and she would still be under contract to pay expenses incurred by the "embryo carrier."
"Justice was served," Sally's attorney, Tiffany Palmer, told us at the time of the initial decision. "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," Palmer continued. "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."
E! News has reached out to Shepherd for comment.
The 30 Rock alum and Sally separated on April 16, 2014. At the time, he also asked for custody of the baby, who would arrive on July 28, 2014, for custody. Shepherd previously opened up to People about her surrogacy legal battle and the lower court's decision.
"I am appealing the ruling that happened and he gets his settlement every month," she said of her ex-husband. "He's happy. There nothing I can do. It's out of my hands. You move on and I have a son. I have to take care of him so everything is good."