A surrogate mother has asked the U.S. Supreme Court to hear her case concerning custody of a baby she carried for a California couple, after refusing their request to terminate the pregnancy due to a fetal heart defect. The surrogate, McKenna West, filed an emergency appeal to halt a prior ruling that granted parental rights to the intended parents, Omar Ahmed and Nausheen Gilkar.
Ahmed and Gilkar had requested West abort the pregnancy at 20 weeks after a scan revealed the fetus had a severe heart defect. West, however, traveled to Texas, where abortions are largely illegal, and gave birth to the child. The baby, born last month, was diagnosed with hypoplastic left heart syndrome, a condition where the left side of the heart is underdeveloped and cannot effectively pump blood to the body. This condition often requires multiple surgeries and can lead to lifelong complications, according to the U.S. Centers for Disease Control and Prevention.
West is now seeking custody of the child. Her legal filings indicate she denied the abortion request after learning of treatment options and expressing a desire to keep the baby. She has argued that the biological parents should not have custody, citing concerns they might not provide the necessary medical care given their initial decision to seek an abortion upon learning of the condition. The Texas Attorney General Ken Paxton intervened in the case, securing an order for the child to receive medical care in Texas, where he subsequently underwent surgery.
In a previous court hearing, Gilkar stated that the baby, named Rumi, was "our child" and "the love of our lives." Lawyers for the couple said West traveled to Texas without informing them and blocked their access to medical information. A California court had previously granted parental rights to Ahmed and Gilkar, while a Texas court issued a restraining order preventing West from seeing the infant. An attorney for the couple also indicated last month that the child was in critical condition and experiencing potential complications.
West's legal team has suggested that without Supreme Court intervention, she may lose access to information about the child's medical status and that the California couple could opt for hospice care for the infant. The case highlights complex legal and ethical questions surrounding surrogacy, reproductive rights, and parental responsibilities when faced with severe fetal diagnoses.