US Supreme Court won’t intervene in custody dispute between California couple and surrogate

The Supreme Court opted not to weigh in on a custody dispute involving a California couple and a surrogate who had delivered a baby with a severe heart condition last month. Justice Elena Kagan denied an emergency appeal from the surrogate, McKenna West, who sought to halt a California court ruling that acknowledged the couple, Omar Ahmed and Nausheen Gilkar, as the child's legal parents.

The case revolved around a surrogacy agreement between Gilkar and Ahmed, which permitted them to request an abortion for a fetus diagnosed with a fetal abnormality. West, residing in Alaska, became pregnant in December and gave birth to a boy with hypoplastic left heart syndrome in April after a 20-week ultrasound revealed the severe defect.

Despite the diagnosis, Gilkar and Ahmed sought to have West perform an abortion, but she declined and proceeded to give birth in Texas, where the baby was named Rumi. Texas law prohibits abortions after approximately six weeks of pregnancy, and the California couple filed for parentage recognition in state court, which was granted.

The child received immediate surgical intervention upon birth, a crucial procedure for babies with the heart condition. Texas Attorney General Ken Paxton intervened, ordering the hospital to provide the baby with life-saving care. However, West appealed to the Supreme Court to overturn the California court's decision and restore her parental rights.

Her legal team argued that the couple was obstructing necessary medical care, while the parents maintained that they were committed to ensuring the baby's well-being and that Supreme Court intervention would cause confusion and chaos regarding medical decisions for the infant.