Surrogate mother McKenna West has asked the U.S. Supreme Court to intervene in a legal battle over the custody of a newborn diagnosed with hypoplastic left heart syndrome. West is seeking to temporarily block a California court ruling that declared the intended parents, Nausheen Gilkar and Omar Ahmed, as the baby's legal parents. This ruling, according to West's attorneys, has left her unable to advocate for the medically fragile infant.
West, an Alaska-based cardiac nurse, carried the child under a surrogacy agreement with the California couple. The baby, whom West calls Gabriel and the couple names Rumi, was born in Texas on August 12. The infant was diagnosed with hypoplastic left heart syndrome, a rare condition affecting the left side of the heart, during a 20-week ultrasound. Following the diagnosis, Gilkar and Ahmed reportedly asked West to terminate the pregnancy, citing a provision in their surrogacy agreement for serious fetal abnormalities.
West refused the abortion request, stating she could not abort the child after feeling him move and learning that treatment was available. She offered to raise the child herself or arrange an adoption, allowing the couple to be released from financial obligations. Her legal team alleges she was subsequently warned of potential financial penalties exceeding $250,000 for continuing the pregnancy.
The legal dispute escalated when Gilkar and Ahmed sought to establish their parental rights in a California court. West argued the case should be heard in Alaska, as per the surrogacy agreement, and maintained that her appearance in California was solely to contest the court's jurisdiction. The Los Angeles Superior Court ruled that West had consented to its authority by submitting a filing addressing the substance of the issues, a claim her lawyers dispute, stating the filing primarily supported her jurisdictional challenge.
West also asserts she was not properly served with court documents, claiming they were delivered to her babysitter without the babysitter being informed of the contents. The California court declared Gilkar and Ahmed the legal parents on June 22, and subsequent attempts by West to have the ruling stayed by state courts were unsuccessful.
The case gained attention in Texas after West relocated there for the baby to be born at a hospital equipped for his condition. Texas Attorney General Ken Paxton secured an emergency order prior to the birth, mandating life-saving care and preventing the infant's removal from the state. West reported having limited contact with the newborn before he was taken for medical treatment, and a subsequent court order barred her from seeing or holding him.
The baby underwent his first open-heart surgery on August 17. Gilkar stated in a Dallas hearing that the couple remained at their son's bedside and accused West of attempting to take him. She described the newborn as suffering significantly and struggling to breathe.
West had previously indicated she would cease her custody efforts if the intended parents demonstrated commitment to providing life-saving care. However, on September 2, a Texas judge upheld the California ruling and removed West from the case, leading Paxton to withdraw from the legal fight. West's attorneys argue this leaves her unable to receive updates on the baby's condition or defend the treatment order, especially as they claim Gilkar and Ahmed are contesting the medical care order.
West's application to the Supreme Court requests a temporary block on the California ruling. Her lawyers argue this would not determine legal parentage or dictate medical treatment but could allow West to re-enter the Texas case to advocate for the child. They warn that without immediate Supreme Court intervention, West could be shut out of crucial decisions and updates, and any future victory might come too late to protect the child's life.