Sherri Shepard Divorce from Lamar Sally raises some legal questions about custody and surrogacy

UPDATE: Sherri Shepard has been fired from the view!
ORIGINAL: Sherri Shepard has filed for divorce in response to her husband’s petition for legal separation which he apparently filed in California. The two year marriage unravelled due to “irreconcilable differences” according to Ms Sheppard. What is interesting about the short lived union is the couple were having a baby that is due to arrive in July, by surrogate. The husband, Mr Sally, has asked for legal custody of the unborn child in his petition.
Chances are, this was his sperm that was used and he believes he rightly should have sole custody of his own spawn. This is what I am thinking. On top of that, he gets only 60K according to the prenup, which according to TMZ has a clause that limited his take of Sherri’s estate to just 60K if the marriage cracked up in less than 5 years. Winning custody of the surrogate child would be a windfall for Mr Sally because it would mean that Shepard would have to pay child support for the next 21 years – the age of majority in New York. It would be a brilliant move on his part if he pulls it off, since, obviously, money is a major strategic aspect of this move.
Does Sherri owe child support for a child that is not hers biologically? Yes, if she adopted the child. But she did not adopt the child. She hired a surrogate. So ostensibly, it is a baby for hire situation. By contract, this is her baby and the surrogate could not legally hold on to the child after its birth. At least, not to my understanding of this thing. But how does this work? Is the final contract contingent on a live birth? Or can the parties agree to make a final decision after the baby is born? I mean what if the baby is still born? What if the baby is not healthy? Can a surrogate parent/parent by surrogacy decline custody and legal responsibility  for this surrogate child? Can Sherri simply say, you know what? This is not my child, I have changed my mind. I relinquish all parental rights to this child. It’s all yours. You are welcome to it. And you can pay to raise it all on your own. I don’t owe you diddly squat because I have renounced all parental rights and obligations. Can she do that? Or would the court find that she is the putative mother notwithstanding her wishes to relinquish her rights and order her to pay child support for the next 21 years? I mean, it could come down to a public policy issue, I am thinking. But then again, this baby was not born during the marriage so technicaly it is not a “child of the marriage” in the traditional sense.
I am not privy to the laws on custody surrogacy. But it raises some interesting questions. The larger question though is why did she think this guy was “the one” in the first place? I am no expert on this stuff but he sure didn’t look like it to me.