Updated
Updated · CNN · Sep 9
Surrogate McKenna West Asks Supreme Court to Halt 4-Week-Old Baby Custody Order
Updated
Updated · CNN · Sep 9

Surrogate McKenna West Asks Supreme Court to Halt 4-Week-Old Baby Custody Order

3 articles · Updated · CNN · Sep 9

Summary

  • McKenna West filed an emergency Supreme Court appeal Wednesday seeking to block a Sept. 2 Texas ruling that gave full effect to a California order recognizing Omar Ahmed and Nausheen Gilkar as the baby's parents.
  • West says the 4-week-old boy, born Aug. 12 with hypoplastic left heart syndrome, needs life-saving treatment and argues the couple may instead place him in hospice, citing their earlier request that she abort at 23 weeks.
  • The filing follows West's failed bid in Texas for conservatorship; she is barred from contact with the child, while the couple has said she violated the surrogacy contract and obtained a restraining order.
  • The dispute spans California, Texas and Alaska, exposing gaps in state-by-state surrogacy law as abortion politics draw support from Republican officials and anti-abortion groups.
  • Supreme Court intervention appears unlikely: emergency relief is rarely granted, and the justices generally avoid family-law disputes.

Insights

When a surrogate and intended parents clash over a newborn's life-or-death surgeries, who legally decides the child's ultimate fate?
Can a surrogacy contract force a woman to choose between a $250,000 penalty and aborting a baby she wants to save?
Does fighting an out-of-state custody battle automatically trap you in that court's jurisdiction, stripping away your legal rights?