Supreme Court Denies Surrogate's Custody Appeal for Baby With Heart Defect

The U.S. Supreme Court has rejected a last-ditch effort by a surrogate mother to gain custody of a baby with a serious heart defect, affirming the rights of the biological parents. Surrogate McKenna West had asked the nation's highest court to intervene in the dispute over the five-week-old boy, who is known as Rumi to his parents, Omar Ahmed and Nausheen Gilkar.

Justice Elena Kagan denied West's emergency request, upholding a California court order that recognizes Ahmed and Gilkar as the child's legal guardians. "We are grateful that Rumi can continue receiving the treatment he needs to survive, and that he will not be stripped away from his parents, who are ensuring their child receives top-notch medical care," the parents' legal team stated. They added that West's legal actions across multiple courts have been consistently rejected.

The ruling comes as the first photographs of Rumi have been released. The images show the infant with tubes and medical equipment, including a scar on his chest from emergency heart surgery. Rumi was born on August 12 in Dallas with hypoplastic left heart syndrome, a condition where the left side of the heart is underdeveloped, often requiring complex medical intervention.

Legal Dispute Over Surrogacy Agreement

The case originated during West's pregnancy. After unsuccessful IVF treatments, Ahmed and Gilkar contracted West, a cardiac nurse, in August 2025. Their agreement included a clause allowing for abortion in cases of fetal abnormality. According to West, she was asked to terminate the pregnancy after the baby's heart condition was detected around 20 weeks of gestation. West refused and traveled to Texas to give birth.

West's legal team argued that she feared the intended parents might refuse life-saving treatment for the child and sought custody to ensure his continued medical care. Ahmed and Gilkar denied any intention to withhold treatment, stating they had requested an abortion following the diagnosis but were dedicated to their son's care.

In court filings, the couple accused West of violating their surrogacy agreement and asserted their parental rights. The legal fight intensified prior to the birth when Texas Attorney General Ken Paxton intervened, securing a court order for the newborn to receive life-saving medical treatment.

Court Rulings and National Attention

West's case garnered support from anti-abortion organizations and some Republican officials, highlighting complex legal issues surrounding surrogacy contracts, parental rights, and varying state laws. There is no comprehensive federal legislation governing surrogacy in the United States.

West's attempts to gain custody have faced repeated setbacks. A Texas judge ruled against her bid for sole conservatorship on September 2, dismissing her from the case. Simultaneously, a California court affirmed Ahmed and Gilkar as Rumi's legal parents. On September 18, the Texas Supreme Court allowed for Rumi to be transferred to Los Angeles for treatment, prioritizing the preservation of the child's life.

West then appealed to the U.S. Supreme Court, seeking to block the California judgment. Justice Kagan's decision to deny the request leaves the existing custody arrangement in place, ensuring Rumi remains with Ahmed and Gilkar. The Supreme Court's intervention was unlikely, as justices typically do not engage in family disputes.