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





