Updated
Updated · The Washington Post · Sep 22
Kagan Rejects Surrogate's Appeal Over Heart-Defect Baby, Leaving California Custody Order Intact
Updated
Updated · The Washington Post · Sep 22

Kagan Rejects Surrogate's Appeal Over Heart-Defect Baby, Leaving California Custody Order Intact

3 articles · Updated · The Washington Post · Sep 22

Summary

  • Justice Elena Kagan refused to pause a California order giving Los Angeles couple Omar Ahmed and Nausheen Gilkar parental authority over the baby born by surrogate McKenna West.
  • The emergency appeal followed West's repeated losses in state court after she sought to retain some control over medical decisions for the medically fragile child.
  • At about 20 weeks, the fetus was diagnosed with hypoplastic left heart syndrome; Ahmed and Gilkar wanted an abortion under the surrogacy contract, but West instead went from Alaska to Texas and gave birth in August.
  • West argues the California ruling violated her 14th Amendment due-process rights and says Texas law would ordinarily treat the birth mother as the child's mother, while the biological parents' lawyer says there has never been a real dispute over parentage.
  • The case has sprawled across California, Texas and Alaska since spring, turning a technical jurisdiction fight into a broader flashpoint over abortion, surrogacy and parental rights.

Insights

When a surrogate defies a contract to save a pregnancy, who truly owns the right to make life-or-death decisions for the newborn?
If a cross-state legal battle erupts over a baby's survival, how do hospitals decide whose orders to follow?