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Fox News
· collected 2026-09-15 · by Landon Mion, Shannon Bream, Bill Mears
McKenna West, an Alaska resident who refused to abort the fetus despite a serious heart condition diagnosis, has filed an updated brief with the U.S. Supreme Court asking for intervention against California courts' rulings. She argues these decisions violate her federal due process rights and fear the baby could be moved out of Texas, where specialized medical care is needed. West’s legal team from Alliance Defending Freedom seeks a stay on Tuesday to prevent enforcement of a California court judgment that declared the commissioning couple as the child's legal parents while denying West custody claims.
Written by the local model on 2026-09-15,
using this article's own text rather than the other coverage of the
same event (that is the story summary below).
Claims extracted
15
claim-shaped sentences
Uncertain
33%
5 of 15 hedged
Leaning
Leans right
of the writing, not the subject
Correction & hedging signals
95.0
corrections and hedging in what we collected;
not a measure of accuracy
Outlets on this story
2
Politics
Narrative spread
1
articles carrying this framing
Story summary
McKenna West, a surrogate mother from Alaska, has filed an emergency appeal with the U.S. Supreme Court to prevent the removal of her newborn from a hospital in Texas. The biological parents, identified as Omar Ahmed and Nausheen Gilkar from California, have been granted a court order that could allow them to take the baby back to Los Angeles due to the infant's serious heart condition, hypoplastic left heart syndrome (HLHS). West, represented by attorneys from Alliance Defending Freedom and another law firm, argues that without an immediate stay, the child may be moved out of Texas as early as September 17, 2026. She claims that this could prevent her from participating in decisions regarding the baby's medical care, which is critical given the severity of his condition. The case highlights tensions between states' jurisdiction and due process rights in surrogacy disputes involving medical emergencies.
Written for “Surrogate Rights Abortion Appeal” on 2026-09-17,
grounded in this article and the 1 other(s) covering the same event.
Why this leaning score
The article's own words the score was based on. Each is quoted
verbatim and was checked against the article text before being
stored, so you can find it in the original.
-
West entered a special appearance to contest personal jurisdiction and object to the forum, citing a forum-selection clause that required litigation to be held in Alaska.
left Highlights West's legal arguments against California's jurisdiction
-
But the California trial court ruled that West’s jurisdictional arguments and attached exhibits constituted a general appearance, meaning she had consented to the court’s jurisdiction, the outlet reported.
right Reports on the ruling against West's legal position
-
West asked Justice Elena Kagan, who handles emergency matters from the Ninth Circuit, for an administrative stay and a stay pending a possible petition for certiorari.
left Describes West's efforts to seek intervention at Supreme Court
-
The commissioning parents have argued in court that California has jurisdiction under the surrogacy agreement and that they are the child's legal parents.
right Reports on the arguments of the commissioning parents supporting their position
Leaning score +0.35 for article 10057 (medium confidence, 4 verified quotes) · logged 2026-09-15
The surrogate who refused an abortion sought by the biological parents has filed an updated brief with the U.S. Supreme Court following an emergency application she filed with the court last week, arguing the case is moving more quickly than expected.
asserted
case → refuse → court
McKenna West, an Alaska resident, and a California couple referred to as the commissioning parties, have been involved in a legal battle after she refused their request to terminate the pregnancy after a diagnosis of a serious heart condition, hypoplastic left heart syndrome (HLHS).
asserted
she → refer → condition
Represented by attorneys from Alliance Defending Freedom and First & Fourteenth PLLC, West asked Justice Elena Kagan, who handles emergency matters from the Ninth Circuit, for an administrative stay and a stay pending a possible petition for certiorari.
asserted
who → represent → certiorari
Her application argues that the California courts violated federal due process by treating her jurisdictional defense as consent.
asserted
courts → argue → consent
It also argues that without a stay, the baby could be moved to California for hospice care while West remains unable to participate in decisions about the child's medical treatment.
uncertain
West → argue → treatment
But on Monday, the surrogate and her team expressed fears that the baby may be moved out of Texas earlier than she had expected.
uncertain
she → express → Texas
She is asking the high court for an administrative stay 1 p.m. Eastern Time on Tuesday.
asserted
She → ask → Tuesday
This comes after a California court judgment that declared the commissioning parents the child's legal parents and denied West's custody claims.
uncertain
that → come → claims
The commissioning parents have argued in court that California has jurisdiction under the surrogacy agreement and that they are the child's legal parents.
asserted
they → commission → agreement
West had refused the commissioning parents' request for an abortion and traveled to Texas, which has abortion restrictions, to give birth, saying she did so to ensure access to specialized medical care.
asserted
she → refuse → care
She asked for parentage and protective orders in Alaska and Texas, but the commissioning parents filed a parentage action in the Los Angeles Superior Court, according to Fox 4.
uncertain
parents → ask → Fox
West entered a special appearance to contest personal jurisdiction and object to the forum, citing a forum-selection clause that required litigation to be held in Alaska.
asserted
litigation → enter → Alaska
But the California trial court ruled that West’s jurisdictional arguments and attached exhibits constituted a general appearance, meaning she had consented to the court’s jurisdiction, the outlet reported.
asserted
outlet → rule → jurisdiction
The court then entered an ex parte judgment of parentage in favor of the commissioning parents.
asserted
court → enter → parents
After the baby was born in Texas on Aug. 12, a Texas court recognized the California ruling naming the commissioning couple as his legal parents and dismissed West from the case with prejudice, meaning she could not refile the same claim in that proceeding.
uncertain
she → bear → proceeding