Supreme Court Rejects Surrogate's Plea in Custody Battle

The U.S. Supreme Court has denied an emergency plea from surrogate McKenna West, who sought to intervene in a multi-state custody battle for a baby diagnosed with hypoplastic left heart syndrome. Supreme Court Justice Elana Kagan rejected West’s request without providing a legal explanation, a common practice for emergency appeals.

West, 28, had filed the request earlier this month amid a contentious legal fight with Los Angeles couple Nasheen Gilkar and Omar Ahmed over the care of the infant, Rumi. The filing aimed to halt a California court order recognizing the couple as the baby's parents, a decision that had been upheld by a Texas judge. That ruling prevented West from making decisions regarding Rumi's treatment and custody.

“We are truly grateful that Rumi can continue receiving the treatment he needs to survive, and that he will not be stripped away from what has been described by doctors as the excellent care of his parents,” the couple’s attorney, Adam Wolf, stated. “Ms. West’s legal filings across three states, numerous courts of appeals, and now the U.S. Supreme Court have sought to undermine Rumi’s parents’ right to provide him with the care he needs. Those efforts have been rejected by every single court.”

Rumi was born on August 12 in a Dallas hospital. West had relocated to Texas, where abortion is illegal, believing state law would recognize her as the mother. The baby was diagnosed with hypoplastic left heart syndrome at 20 weeks gestation, a condition requiring immediate post-birth surgery for survival.

The surrogacy contract between West and Gilkar and Ahmed included a $60,000 payment and a clause allowing for termination in case of an "anomaly" during the pregnancy. However, West stated she could not in good faith proceed with an abortion and carried the baby to term.

West, a single mother of two, sought full custody or conservatorship, expressing concerns that the biological parents would not provide Rumi with the necessary resources for his condition. Her legal team has stated that West’s primary goal was ensuring the baby received adequate treatment and that she would drop her custody bid if such assurance could be made. However, her attorneys claim the biological parents have consistently refused to provide this commitment.

The biological parents are suing West for at least $100,000, accusing her of attempting to take their baby. Gilkar previously testified in a Dallas court that West was causing them to travel between doctors and states, tearfully stating, “She’s trying to take him.”