You ARE the mother! Sherri Shepherd loses appeal of court ruling that makes her legal parent of baby boy born to a surrogate during her divorce

Sherri Shepherd has lost her appeal of a Pennsylvania court ruling that found her responsible for a child born to a surrogate before she divorced.

The state Supreme Court said Tuesday that it won't hear the case brought by the sitcom actress and former co-host of 'The View.'

Her lawyers had been arguing that she should not have to pay child support for the son she and her ex-husband Lamar Sally agreed to have while they were married, named Lamar Jr.

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Sherri Shepherd has lost her appeal of a Pennsylvania court ruling that found her responsible for a child born to a surrogate before she divorced her former husband Lamar Sally (pictured together in 2013)

Shepherd, 48, is currently paying $4,100 in monthly child support to her ex-husband.  His lawyer, Tiffany Palmer, says Shepherd has not seen the one-year-old.  

Surrogacy advocates say the lower court ruling made in her case last year is the first to declare surrogacy contracts binding in the state of Pennsylvania. 

Shepherd's lawyer says he's surprised the court won't review the issue.

The actress, who also has a ten-year-old son from her previous marriage to Jeff Tarpley, had spent more than $100,000 to arrange the surrogacy but tried to void the contract as the couple divorced in New Jersey. 

Shepherd and her lawyers were fighting to have her name removed from the birth certificate of Lamar Jr. (above with his father in September 2014)

Last year, a Pennsylvania judge ordered Shephed to pay $4,100 a month child support and made her responsible for carrying the baby on her health insurance until he is 18

The 48-year-old actress also has a ten-year-old son (pictured together) from a previous marriage

The couple's surrogate Jessica Bartholomew, was seven months pregnant when Shepherd filed for divorce from Sally, 44, in May 2014 - less than three years after they were married.  

In July that year, Sally petitioned a court in Los Angeles for full custody of a baby they were expecting via surrogate.

A Pennsylvania judge ruled that Shepherd was legally the young boy's mother and as such would be required to contribute to the child's expenses 

While Shepherd's ten-year-old son is biologically hers, she had no biological claim to the child as her egg was not used in the fertilization process. 

She refused to be listed as the child's guardian after he was born and also refused to pay child support or any medical expenses.

As a result, the surrogate was listed as the mother after the child's birth and held legally responsible for the baby she was pregnant with only because she agreed to carry it for Shepherd and Sally.

But in April last year, a Pennsylvania judge ruled that Shepherd was legally the boy's mother and as such would be required to contribute to the child's expenses.

Her name was put on the birth certificate, she was ordered to pay $4,100 a month child support and is responsible for carrying the baby on her health insurance until he is 18. 

But she refused to accept the court's decision and took the case to the Court of Appeals last October.

After the arguments were heard in the Court of Appeals, Sally's lawyer Tiffany Palmer told DailyMail.com: ‘You cannot walk away from this baby just because your marriage failed.

'And amazingly, Sherri brought this case to Pennsylvania, instead of New Jersey where she lives, because there are no laws on the books for or against surrogacy here, so Sherri is trying to get it outlawed in this state just to avoid paying child support.

'This case is setting a standard for everyone and Sherri doesn’t care if she destroys the chances of thousands and thousands of people here to be able to get a surrogate as long as she doesn’t have to pay a dime to Lamar for that baby.’