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The US Supreme Court has declined to get involved in a custody battle concerning a surrogate who refused to carry out an abortion request from the biological parents. Justice Elena Kagan dismissed an urgent appeal submitted by McKenna West, who was contesting a previous ruling that had granted parental rights to the Californian couple.

The parents had requested that West terminate the pregnancy after a 20-week ultrasound revealed the fetus had a severe heart defect. Instead, West traveled to Texas, where abortion laws are stringent, and gave birth to the infant. The court's ruling maintains the earlier order that had given custody to the parents. The BBC has reached out to the legal representatives of both parties for further statements.

West has been pursuing full custody over the newborn, who was born with hypoplastic left heart syndrome, a condition where the left side of the heart cannot effectively pump blood to the body. This condition often necessitates several surgeries and can lead to lifelong complications, as stated by the US Centers for Disease Control and Prevention.

West, backed by several Republican officials, journeyed to Texas, where Attorney General Ken Paxton filed an emergency court order ensuring the boy received appropriate medical care. He underwent surgery shortly after his birth. West had refused the parents' demands for an abortion after becoming aware of treatment options and her desire to keep "this precious baby," as per her Supreme Court submission.

West contended that the biological parents should not have custody since they had sought to abort the child upon learning of the life-threatening condition. In a prior court hearing, Gilkar stated that the baby, named Rumi, was "our child" and "the love of our lives," according to the Associated Press. They alleged that West had entered Texas without their knowledge and impeded their access to medical records.

A California court had previously awarded parental rights to Ahmed and Gilkar, while a Texas court issued a restraining order preventing West from visiting the baby. Last month, an attorney for the Californian couple stated that the child was in critical condition and appeared to be "suffering from potential complications." In her filing, West's legal team suggested that the California couple could consider placing the child in hospice care.