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On Tuesday, Justice Elena Kagan declined an emergency request by McKenna West, a surrogate who refused to terminate her pregnancy despite requests from Omar Ahmed and Nausheen Gilkar, to intervene in the custody battle over their son born with hypoplastic left heart syndrome. The Supreme Court’s decision upholds a California court order recognizing Ahmed and Gilkar as the legal parents of the child. West argued she should be able to advocate for the baby's medical care, while the intended parents claim they are committed to providing necessary treatment.
Written locally by qwen2.5:14b on 2026-09-23,
using this article's own text rather than the other coverage of the
same event (that is the story summary below).
Story summary
On Tuesday, Justice Elena Kagan rejected an emergency appeal from McKenna West, a surrogate who gave birth to a baby boy in Texas last month. The newborn has hypoplastic left heart syndrome, a severe and life-threatening heart defect. West lives in Alaska while the child's genetic parents, Omar Ahmed and Nausheen Gilkar, reside in California. After receiving news of the fetal abnormality, Ahmed and Gilkar had requested an abortion from West, which she refused. A Texas judge dismissed West’s claims for custody, and when she appealed to the Supreme Court, Kagan denied her request without providing a written decision. The couple's lawyers asserted they are committed to ensuring "lifesaving care" for their child and have been with him around the clock in a pediatric intensive care unit.
Written for “Surrogate Mother Custody Dispute” on 2026-10-04,
grounded in this article and the 8 other(s) covering the same event.
The Supreme Court declined Tuesday to intervene in a multistate custody battle between a California couple and the surrogate who gave birth to their son after refusing a request to terminate the pregnancy.
asserted
who → decline → pregnancy
Justice Elena Kagan denied an emergency request from McKenna West, an Alaska nurse who sought to block a California court order recognizing Omar Ahmed and Nausheen Gilkar as the legal parents of the baby.
asserted
who → deny → baby
Kagan, who handles the emergency matters arising from California, did not provide an explanation for the decision, as is customary.
asserted
who → handle → decision
The dispute began after West entered into a surrogacy agreement with Ahmed and Gilkar in 2025.
asserted
West → begin → 2025
West became pregnant with the couple’s child, but an anatomy scan at about 20 weeks found the fetus had hypoplastic left heart syndrome, a severe congenital defect in which the left side of the heart underdeveloped.
asserted
side → become → heart
The diagnosis touched off the dispute that eventually stretched across several states.
asserted
that → touch → states
West, an Alaska resident, traveled to Texas to prepare to get treatment for the unborn baby’s heart defect upon his birth, even though Gilkar and Ahmed allegedly asked West to abort the baby.
uncertain
Gilkar → travel → baby
The couple tried to have West deliver the baby in California, but refused to agree to allow the baby to receive lifesaving treatment for his heart condition after birth.
asserted
baby → try → birth
Gilkar and Ahmed went to court in California and obtained a ruling recognizing them as the child’s legal parents.
asserted
Gilkar → go → parents
The surrogate gave birth Aug. 12 in Dallas.
asserted
surrogate → give → Dallas
She and her supporters call the baby boy Gabriel, while Ahmed and Gilkar named him Rumi.
asserted
Ahmed → call → him
He underwent surgery shortly after birth and will require additional treatment for his heart condition.
asserted
He → undergo → condition
A Texas court ultimately recognized the California parentage judgment and dismissed West from the custody proceedings.
asserted
court → recognize → proceedings
West then turned to the Supreme Court, arguing she should have the ability to advocate the child’s medical care and raising concerns that his parents could discontinue treatment.
uncertain
parents → turn → treatment
Ahmed and Gilkar rejected that assertion, telling the court they have remained with their son in intensive care and are committed to providing necessary treatment.
asserted
they → reject → treatment
Texas Attorney General Ken Paxton waded into the legal fight shortly before the baby’s birth, obtaining an emergency order requiring the baby to receive medically necessary care and temporarily preventing the child from being removed from Texas.
asserted
Paxton → wad → Texas
Paxton accused the intended parents of refusing lifesaving treatment, an allegation their attorney disputed.
asserted
attorney → accuse → allegation
Paxton has since withdrawn from the proceedings.
asserted
Paxton → withdraw → proceedings
The Supreme Court’s decision leaves the California parentage ruling in place in a legal fight that was placed at the center of the fight over abortion and the legal standing of surrogates.
asserted
that → leave → surrogates
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