Supreme Court stays out of custody dispute between California couple and surrogate
Summary
The Supreme Court declined to get involved in a dispute over the custody of a baby born with a serious heart defect through surrogacy. A California couple is legally recognized as the child's parents, but the surrogate mother, who gave birth in Texas, sought Supreme Court help to challenge that decision.Key Facts
- A California couple, Omar Ahmed and Nausheen Gilkar, have a surrogacy contract with McKenna West, who gave birth to their child.
- The baby was diagnosed before birth with hypoplastic left heart syndrome, a severe heart defect.
- The couple requested West to have an abortion, but she refused and gave birth in Texas, where abortion is banned after about six weeks.
- A California court declared Ahmed and Gilkar the legal parents before the baby was born.
- A Texas court ordered lifesaving medical care for the baby after birth, with the couple responsible for medical decisions.
- West asked the Supreme Court to overturn the California court’s parentage order, claiming she should be the child's lawful mother under Texas law.
- Justice Elena Kagan denied West’s emergency request, keeping the California court’s parentage order in place.
- The couple says they are committed to providing lifesaving medical care for the child.
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