Sherri Shepherd's Surrogate Gives Birth to Baby Boy, Divorce Battle With Ex Still Continues

Actress is set to make her Broadway debut next month

Sherri Shepherd's surrogate gave birth to a baby boy yesterday in Pennsylvania.

E! News has learned that The View host's estranged husband, Lamar Sally, was present for the birth while Shepherd was not.

The two are still in the middle of a bitter divorce battle, and have had previous legal proceedings regarding the custody of their now-born child.

Meanwhile, the actress has filed papers asking for the court to waive her rights and responsibilities as a parent. This would then mean that Sally would not be able to ask for child support payments from Shepherd.

Shepherd has filed for divorce in New Jersey, while Lamar has filed papers in California.

Interestingly enough, New Jersey is a state that does not generally recognize surrogacy agreements, while California does.

At a court hearing today regarding the case, it was revealed that Shepherd is not currently listed on the baby's birth certificate and Sally has been given full custody of the child.

Shepherd and Sally announced that they were splitting back in May after nearly three years of marriage.

Their breakup coincided with yet another legal battle: Shepherd's first husband's petition for full custody of their 9-year-old son, Jeffrey.

In late June, a judge ruled that the child's mother would maintain primary physical custody.

Shepherd, who is set to make her Broadway debut next month, tweeted out her reaction to the ruling.

"God is good! VICTORY!!! The prayers of the righteous availeth much!!!! Thank you from the bottom of my heart for your prayers! #tearfulmama," she wrote, adding, "Keep the prayers coming...Still got more battles."

—Reporting by Claudia Rosenbaum