A surrogate mother who refused an abortion requested by the baby's intended parents has asked the U.S. Supreme Court to intervene, citing concerns that the child may be moved out of Texas before her case can be fully heard.
McKenna West, represented by attorneys from Alliance Defending Freedom and First & Fourteenth PLLC, filed an updated brief with the Supreme Court on Tuesday. She is seeking an administrative stay, arguing that California courts have violated her due process rights by asserting jurisdiction. West contends that her jurisdictional defense was wrongly treated as consent, and without a stay, the baby could be transferred to California for hospice care, leaving her unable to participate in decisions about the child's medical treatment.
The legal battle involves West and a California couple, referred to as the commissioning parties. The couple sought to terminate the pregnancy after the fetus was diagnosed with Hypoplastic Left Heart Syndrome (HLHS), a serious heart condition. West refused the request and traveled to Texas, where she gave birth on Aug. 12, citing the state's abortion restrictions and her desire to ensure access to specialized medical care for the child.
A California court previously ruled that the commissioning parents are the child's legal parents and denied West's custody claims. The commissioning parents assert jurisdiction under their surrogacy agreement. However, West had sought parentage and protective orders in Alaska and Texas. The California trial court's decision, according to reports, deemed West's jurisdictional arguments and supporting documents as a general appearance, thereby consenting to the court's jurisdiction. This led to an ex parte judgment of parentage favoring the commissioning parents.
Following the baby's birth in Texas, a Texas court recognized the California ruling, naming the commissioning couple as legal parents and dismissing West from the case with prejudice. West is now asking the Supreme Court for an administrative stay by 1 p.m. ET on Tuesday to prevent the potential relocation of the infant to California.