A surrogate mother, McKenna West, who resisted a California couple’s request to terminate her pregnancy due to the baby’s heart condition, is now seeking the intervention of the U.S. Supreme Court. West’s legal team filed an emergency application, urging Justice Elena Kagan to temporarily block a Los Angeles court’s decision that named the couple as the legal parents of the medically fragile newborn.
West, an Alaska cardiac nurse, carried the child for Nausheen Gilkar and Omar Ahmed under a surrogacy agreement. The child, born in Texas on August 12, suffers from hypoplastic left heart syndrome (HLHS), a rare condition where the left side of the heart is underdeveloped.
“This precious baby deserves a chance,” West reportedly told the surrogacy agency after the diagnosis was made during a 20-week ultrasound.
The surrogacy agreement included a termination clause for severe fetal abnormalities, but West declined to abort. She offered to care for the child herself or arrange an adoption, releasing the couple from financial obligations. Legal threats of $250,000 in penalties emerged if she continued the pregnancy.
Subsequently, Gilkar and Ahmed sought legal confirmation of their parental rights in a California court. West contested that the case should proceed in Alaska as per their agreement, appearing in California only to dispute the court’s jurisdiction.
The Los Angeles Superior Court decided that West had consented to its jurisdiction by submitting extensive documents, despite West’s claims that her documents primarily supported her jurisdictional challenge.
West also claimed improper service of court papers, stating they were handed to her babysitter without explanation. The California court declared the couple the legal parents on June 22. West’s attempts to pause this ruling failed at three state court levels.
The dispute extended to Texas, where West delivered the baby. Texas Attorney General Ken Paxton intervened to ensure the hospital provided necessary life-saving care, despite a court order barring West from interacting with the newborn post-birth.
The infant underwent initial heart surgery on August 17. However, his condition worsened, necessitating a breathing tube. During a Dallas hearing, Gilkar and Ahmed stated their dedication at their son’s side, contradicting West’s accusations that they sought to end his life.
West would relinquish her custody claim if assured that the couple is committed to life-saving care. On September 2, a Texas judge upheld California’s verdict, removing West from the case. Despite backing away from the legal battle, Paxton previously supported her cause.
West’s legal team argues she is barred from updates about the baby as Gilkar and Ahmed contest the medical care order. The couple consented to the first surgery and pledged to authorize care deemed necessary by doctors.
West’s request to the Supreme Court aims to challenge whether contesting a court’s jurisdiction constitutes acceptance of its authority. Her attorneys emphasize that blocking the California ruling doesn’t determine parental rights or dictate medical actions. Instead, it could reinstate West in Texas proceedings.
Without intervention, West remains isolated from decisions and updates about the child during the appeals process. Her lawyers stress the urgency, fearing delayed relief could be too late.
Fox News’ Shannon Bream and Bill Mears contributed to this report. Stepheny Price reports for Fox News, specializing in West Coast and Midwest news.