Surrogate who refused abortion after fetal heart defect takes custody battle to Supreme Court
REPRODUCTIVE RIGHTS

Surrogate who refused abortion after fetal heart defect takes custody battle to Supreme Court

Sep 12, 2026Updated 7:14am ET

McKenna West, a surrogate who refused an abortion after a fetal heart-defect diagnosis, has asked the U.S. Supreme Court to step into a cross-state custody fight with the intended California parents over the newborn’s care and legal parentage.

McKenna West, a surrogate who refused an abortion after a fetal heart-defect diagnosis, has asked the U.S. Supreme Court to step into a cross-state custody fight with the intended California parents over the newborn’s care and legal parentage.

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What This is

  • Surrogate McKenna West filed an emergency request asking the U.S. Supreme Court to intervene in her dispute with the intended parents over a newborn born with hypoplastic left heart syndrome.
  • West says the intended parents asked her to end the pregnancy after doctors found the fetus had a severe heart defect, and she refused.
  • West traveled from Alaska to Texas to give birth, and the baby is now about four weeks old.
  • A California court recognized the intended couple, Omar Ahmed and Nausheen Gilkar, as the child’s legal parents, and West wants that order paused or blocked.
  • The intended parents say West violated their surrogacy contract, and Texas courts have treated the California parentage ruling as valid.
  • The case involves conflicting actions in different states, including California orders and Texas court orders tied to the baby’s location and medical care.
  • Texas officials, including Attorney General Ken Paxton, have gotten involved in steps aimed at ensuring the infant’s medical care.

Why This Matters

  • The case highlights how hard it can be to match a surrogate’s bodily autonomy with intended parents’ plans once a pregnancy turns medically complex.
  • It shows how cross-state fights can create confusing, competing orders about who has legal authority over a child and their treatment.
  • It could shape how future surrogacy contracts handle abortion decisions, medical disagreements, and where disputes must be heard.
  • It adds pressure to calls for clearer, more uniform rules for surrogacy so newborn care does not hinge on rushed emergency litigation.

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