A surrogate mother who refused to undergo an abortion at the request of the biological parents has filed an emergency appeal with the U.S. Supreme Court, seeking to block the couple from moving their newborn son out of Texas. McKenna West, 28, lodged the appeal last week, asking the nation's highest court to temporarily halt a California court order that recognizes Omar Ahmed and Nausheen Gilkar as the infant's legal parents.
The court order would permit the couple to transport the five-week-old baby, who was born with a serious heart defect, from a Dallas hospital where he is receiving treatment to their home in Los Angeles. West's attorneys filed a supplemental brief on Monday urging the Supreme Court to issue an immediate stay to "preserve the child's life," citing the possibility that the parents could attempt to remove the baby, whom West calls Gabriel and the couple calls Rumi, from the hospital imminently.
West's lawyers stated in the filing that an administrative stay was needed by Tuesday, as a Texas court was scheduled to hold a hearing on an emergency motion filed by the baby's guardian ad litem, who was appointed to represent the infant's interests. This motion seeks to modify a previous Texas court order that compelled the biological parents to provide the infant with life-saving care. According to West's brief, the genetic parents have joined this motion with the aim of moving the baby from the hospital and out of Texas.
West was dismissed from the Texas court case on September 2, leaving her with no legal standing to contest decisions regarding the child's treatment. She is now asking the Supreme Court to overturn the California court order, arguing that the judgment was entered in violation of federal due process. West claimed she was brought into California court with insufficient notice and service.
West, a nurse and mother of two, is seeking final custody or conservatorship, expressing concern that the biological parents will not provide the child with life-saving care, referencing their initial request for an abortion at 23 weeks gestation due to the baby's diagnosed heart condition. The surrogacy agreement West signed reportedly included a clause allowing for termination of the pregnancy in cases of "fetal abnormalities."
In August, the biological parents' attorney stated in court that the newborn was in critical condition. West's previous petition to the Supreme Court emphasized the urgency of the situation.
Surrogacy is not federally regulated, with laws varying by state. Ahmed and Gilkar have accused West of violating their surrogacy contract and previously obtained a restraining order preventing her from seeing or holding the child. They have stated that the baby, born after eight failed rounds of IVF and Gilkar's hysterectomy, was their only option for having a child.
According to court documents, the baby was diagnosed in April with hypoplastic left heart syndrome. West's refusal to undergo an amniocentesis test, which could have definitively determined the baby's candidacy for necessary open-heart surgery, delayed the procedure, their lawyers argued. Gilkar acknowledged asking West to terminate the pregnancy due to the heart condition but denied intending to refuse medical care for the child. The infant has undergone medical procedures, including the Norwood procedure, but faces ongoing health complications and the possibility of further surgeries or heart transplants. Due to his medical needs, the biological parents have had limited contact with the child since his birth.