The Precious star split from her husband of three years, Lamar Sally, in May, 2014 while the surrogate was still pregnant, and Shepherd subsequently declared no interest in the baby, named Lamar, Jr., following his birth that August (14).

A judge ruled her the legal mother in April (15), and she was ordered to pay $4,100 (£2,730) a month in child support to Sally, who has full custody, as part of their divorce settlement.

Shepherd is now arguing she should never have been declared the mother of the child because parentage is determined by "genetics/biology or by adoption" in the state, according to

"The lower court usurped the power of the Pennsylvania legislature by finding this contract enforceable," legal papers read.

Supreme Court judges have yet to decide if they will hear the case.

The 48-year-old is also mum to a son named Jeffrey, from her first marriage to Jeff Tarpley.