Supreme Court Declines to Intervene in Surrogate Custody Case
Justices did not hear arguments from a surrogate mother who refused an abortion and sought custody of the child.
The U.S. Supreme Court has declined to hear the case of a surrogate mother who refused to have an abortion and subsequently sought custody of the child. Justice Elena Kagan, who handles cases from California, did not issue a written decision when she rejected the appeal on Tuesday.
McKenna West gave birth to a boy, Gabriel, in Texas in August. She had moved from California after the intended parents, Omar Ahmed and Nausheen Gilkar, asked her to abort the fetus due to a diagnosis of hypoplastic left heart syndrome. West argued in Texas courts that she should retain custody despite the surrogacy agreement, but a Texas judge ruled against her. The child was diagnosed with the heart defect, which causes underdeveloped heart components and restricts normal blood flow. The baby has since undergone surgery in Texas and is experiencing potential complications.
Ahmed and Gilkar had entered into a surrogacy agreement with West in August 2025. They pointed to a clause in the contract that permitted pregnancy termination in cases of fetal abnormality. After the diagnosis, they reportedly attempted to have West undergo an abortion. West refused and relocated to Texas, where she received support from Texas Attorney General Ken Paxton.
Paxton issued an order mandating that the child receive life-saving care in Texas. The case progressed to the Texas Supreme Court, which ruled last week that the child could be moved to California, where the intended parents had arranged for medical care. Ahmed and Gilkar had pursued surrogacy after previous attempts at in vitro fertilization were unsuccessful.