The trial will take place Wednesday in Pennsylvania

By Emily Strohm
Updated March 10, 2015 09:30 PM
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Earl Gibson III/WireImage

A Pennsylvania judge is set to make a final decision Wednesday on whether Sherri Shepherd is the legal mother of a 7-month-old baby born via surrogate last August.

“We believe it’s in this child’s best interest to have two legal parents, and those parents are the people who brought about his conception, Lamar Sally and Sherri Shepherd,” Sally’s lawyer, Tiffany Palmer, tells PEOPLE.

The former The View host, 47, has been battling her ex-husband over financial responsibility for Lamar Sally Jr. since the Los Angeles-based scriptwriter claimed the pair had agreed to pursue surrogacy using his sperm and a donor egg after doctors discovered Shepherd’s eggs were not viable.

“[Sherri] said, ‘I will love the baby like it’s mine,’ ” Sally. says. “She signed all the paperwork except for the birth order, a legal document that states who the intended parents are.”

While Sally has been caring for the baby since his birth, it’s up to the judge to decide if Shepherd, the gestational carrier or the anonymous egg donor is the legal mother.

“We are confident that once the court hears all the witness testimony and legal arguments the court will make a decision that is in the best interest of this child,” Palmer says.