Surrogate Custody Supreme Court Battle
Alaska Surrogate Asks U.S. Supreme Court to Intervene in Newborn Custody Dispute
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Key Points
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The child is referred to by different names in the dispute: West calls him Gabriel, while the intended parents call him Rumi.
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West’s Supreme Court filing says she initially made an abortion appointment at the intended parents’ urging but later decided she could not proceed, saying the baby had “a great chance at survival and a great chance at leading a long life.”
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Texas Attorney General Ken Paxton intervened before the birth, asking a Dallas court to require hospitals to provide medically necessary treatment; he said, “Baby Gabriel deserves a chance at life.”
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The Texas court granted full faith and credit to the California judgment and dismissed West from the case with prejudice on Sept. 2, according to her emergency application.
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West says the couple has not kept her informed about the newborn’s condition and that the parties have significant disagreements over treatment, including the possibility of transferring him from a Texas hospital to hospice care.
An Alaska nurse who served as a surrogate is asking the U.S. Supreme Court to intervene in a custody fight over a newborn with a serious heart condition. McKenna West carried the baby for California couple Nausheen Gilkar and Omar Ahmed, but after doctors found the fetus had hypoplastic left heart syndrome — a life-threatening heart defect — West and the intended parents clashed over the child's future. Yahoo News reported that West refused the abortion the couple says it urged and instead traveled to Texas to give birth in August.
Now West is seeking an emergency stay from the Supreme Court. She wants to remain involved in the newborn's medical decisions and keep him in a Dallas hospital, fearing the couple may move him to hospice care. Fox News reported that a California court already recognized Gilkar and Ahmed as the legal parents, and a Texas court dismissed West's claims on September 2. But West says the couple has not kept her informed about the child's condition and medical treatment.
A Surrogate's Refusal to Abort Despite Parental Pressure
West claims that Gilkar and Ahmed urged her to terminate the pregnancy after the fetal diagnosis. Yahoo News reported that West initially scheduled an abortion appointment at the couple's request. But she changed her mind, saying in her Supreme Court filing that the baby had "a great chance at survival and a great chance at leading a long life." The intended parents acknowledge discussing abortion as an option but say they ultimately decided to continue the pregnancy.
Texas Intervenes to Protect the Newborn's Right to Treatment
Before the birth, Texas Attorney General Ken Paxton stepped in. Fox News reported that Paxton asked a Dallas court to require hospitals to provide medically necessary treatment. He declared: "Baby Gabriel deserves a chance at life." (West calls the child Gabriel, while the intended parents call him Rumi.) The move reflected Texas's strong legal protections for infants with disabilities and its stance against withholding medical care.
California Court's Judgment Ends West's Legal Standing
A California court recognized Gilkar and Ahmed as the child's legal parents under the original surrogacy agreement. Fox News reported that a Texas court then granted full faith and credit to that California judgment and dismissed West from the case with prejudice on September 2. This legal ruling removed West's standing to challenge the parents' authority — but she argues the system failed to protect the child's welfare.
West Fears the Child Will Be Moved to Hospice Care
West's emergency appeal to the Supreme Court seeks a stay to prevent the child from leaving Texas. Audacy reported that West fears the intended parents could remove the infant from the Dallas hospital. She says the couple has not informed her of the child's current condition or medical decisions. The parties disagree sharply on whether the baby should receive aggressive medical treatment or transition to end-of-life hospice care.
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