The latest twist on Sherri Shepherd’s divorce is not being played out on “The View,” although it may be taken straight from a “Jerry Springer” episode. According to numerous sources, Shepherd has asked a court to rule that she has no parenting rights or responsibilities to the child she and soon-to-be ex-husband Lamar Sally are carrying through a surrogate.
Shepherd reportedly claims that her was not used in the conception of the child with Sally’s sperm. There is no report on whose egg was apparently used, but Shepherd claims that since no biological relationship exists between her and the child, who is to be born later this month, she should not be granted any custody rights and therefore should not be responsible for paying any child support.
This request comes as a counter to Sally’s initial request that he be granted full custody of the child when it is born, and to seek child support from Shepherd.
The case represents an interesting development in the legal world of assisted reproduction. Essentially, can one parent insist that another parent, who claims not to be a biological parent, to pay child support? The answer to the question likely will come through an order requiring the parties to undergo genetic testing to determine who is actually the biological parent, because as a matter of law, a child born to a married couple is presumed to be a child of the marriage. After which, the court will hear arguments as to whether termination of Shepherd’s parental rights would be in the best interests of the child.
If you have questions about genetic testing or termination of parental rights, an experienced family law attorney can help.
Source: TMZ.com “Sherri Shepherd: It’s not my kid, I’m not paying support,” July 5, 2014