McKenna West, a surrogate mother from Alaska, is seeking intervention from the U.S. Supreme Court. Her request aims to overturn a California court ruling that granted parental rights to the intended parents, following a dispute over the abortion of a medically fragile newborn.
West, a cardiac nurse, carried a child for Nausheen Gilkar and Omar Ahmed under a surrogacy agreement. The child, referred to as Rumi by the biological parents and Gabriel by West, was born in Texas with hypoplastic left heart syndrome, a condition marked by an underdeveloped left side of the heart.
“Any reasonable view of consent would recognize that ‘no’ does not mean ‘yes,’” West’s attorneys argue regarding the dispute.
The legal conflict began when the child’s heart condition was detected during a 20-week ultrasound. The intended parents requested an abortion citing a provision in their surrogacy agreement concerning severe fetal abnormalities. West refused and instead offered to either adopt the child or facilitate another adoption, absolving the parents of further obligations. Her decision led to threats of significant financial penalties.
As the dispute escalated, West sought to have the case heard in Alaska, pointing to the terms of the surrogacy agreement. However, the California court claimed jurisdiction, arguing that West consented by submitting a comprehensive filing, despite her primary focus on challenging the court’s authority.
West also contends that she was improperly served court papers, which were allegedly handed to her babysitter without clarification of the contents.
Efforts to halt the California ruling in three state courts were unsuccessful. Consequently, West delivered the baby in Texas, hoping to leverage the state’s resources for newborns with such medical conditions. Texas Attorney General Ken Paxton secured an emergency order ensuring the child received necessary care post-birth.
Despite gaining temporary custody in Texas, West’s time with the baby was limited. A subsequent court order prevented her from having contact, while the child underwent critical surgeries.
West claims her removal from the case restricts her access to updates on the baby’s condition. Her legal team argues that her exclusion leaves the future care of the child uncertain. They assert that the ongoing legal battle presents an important constitutional question regarding a court’s authority.
The Supreme Court has yet to respond to the emergency application. A favorable ruling could allow West to re-enter the Texas case and access essential information regarding the child’s well-being.
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