A surrogate mother has asked the U.S. Supreme Court to intervene in a custody dispute over a 4-week-old infant born with a serious heart defect, a case that has drawn the attention of anti-abortion groups and Republican lawmakers. The surrogate, McKenna West, filed an emergency appeal Wednesday, seeking to overturn a California court order that recognized the intended parents, Omar Ahmed and Nausheen Gilkar, as the legal guardians of the child she refers to as Gabriel and they call Rumi.
West, who resides in Alaska, gave birth to the child in Dallas in August. The infant was born with hypoplastic left heart syndrome, a life-threatening condition that impedes normal blood flow. The baby underwent surgery shortly after birth, and attorneys for the couple stated in August that the newborn was in critical condition and experiencing potential complications.
West's legal filing asserts that the couple will not provide life-saving care, citing their earlier request for an abortion at 23 weeks gestation. She is seeking final custody or conservatorship, believing the parents intend to place the baby into hospice care in California rather than allow for further life-saving surgeries. According to the U.S. Centers for Disease Control and Prevention, hypoplastic left heart syndrome can be fatal within days or weeks without treatment, and surgical interventions are not always curative, potentially requiring additional surgeries or a heart transplant.
Attorneys for Ahmed and Gilkar have not yet responded to the Supreme Court filing. Previously, they stated that West violated the surrogacy contract and obtained a restraining order that prevented her from seeing or holding the child. During a court hearing in Dallas on August 25, Gilkar described West as unstable and attempting to take their baby. "He's our child," Gilkar said at the time.
West and her legal team argue that the California court order is unlawful and has prevented her from receiving information about or having control over the child's medical care. The filing indicates that West's plea for conservatorship in Texas was denied, and the Texas court granted full credit to the California judgment on September 2.
Surrogacy is not federally regulated, and laws vary by state, creating potential legal ambiguities. The Supreme Court is not obligated to hear the case. The intended parents have reportedly stated they will not provide West with updates on the child's condition.