Actress and television personality Sherri Shepherd is taking her surrogacy case to the Pennsylvania Supreme Court, arguing lower courts usurped legislative authority in ruling Shepherd’s surrogacy contract made her the legal parent of the resulting child.

Shepherd, who is now required to pay more than $4,000 a month in child support, lost her appeal to the Superior Court in November. The court said the surrogacy contract with a gestational carrier, naming Shepherd and her ex-husband, Lamar Sally, as the intended mother and father, was enforceable. Her attorney, Samuel C. Totaro of Curtin & Heefner, proceeded to file a petition for allowance of appeal in the state Supreme Court last month.