Sherri Shepherd I Want The Supreme Court to Back Me ... That Contract Didn't Make Me A Mom

1/7/2016 7:59 AM PST

Sherri Shepherd is going all the way to the Supreme Court ... of Pennsylvania to get off the financial hook for the kid she and estranged husband Lamar Sally had last year through a surrogate.

According to legal docs obtained by TMZ, Shepherd's asking the highest court in the state to relieve her from paying up to $4,600 a month to Sally until their son turns 18. Her reason? She says the first judge overstepped his boundaries in using a surrogacy contract to make her the mom ... even though she's not biologically related to the child.

Lamar tells TMZ ... it's ridiculous Sherri spent nearly $100k to bring their kid into the world, yet wants nothing to do with him. He says it's unfortunate one day the baby will be able to read the lengths Sherri went to in order to be out of his life

The Supreme Court has yet to make a decision on whether or not to hear Sherri's appeal.