Sherri Shepherd

FILE - Sherri Shepherd arrives at the BET Awards at the Nokia Theatre on Sunday, June 30, 2013, in Los Angeles. A court ruling rejected arguments by Shepherd that a contract she and her former spouse signed with the Pennsylvania woman who acted as the gestational carrier of the child is unenforceable.

(Photo by Chris Pizzello/Invision/AP)

PHILADELPHIA (AP) -- Actress 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 says Tuesday it won't hear the case.

Surrogacy advocates say the lower court ruling in her case is the first to declare surrogacy contracts binding in Pennsylvania.

Shepherd is paying $4,100 in monthly child support to ex-husband Lamar Sally of Los Angeles. His lawyer, Tiffany Palmer, says Shepherd has not seen the 1-year-old.

The sitcom actress and former co-host of "The View" spent more than $100,000 to arrange the surrogacy but tried to void the contract as the couple divorced in New Jersey.

Sheperd's lawyer, Samuel Totaro Jr., says he is surprised the state's high court won't review the issue.