A California surrogate mother has appealed to the U.S. Supreme Court to resolve a contentious custody dispute concerning a child born with a severe heart defect. McKenna West, the surrogate, is seeking intervention from the nation’s highest court, challenging a California court’s decision that recognizes Omar Ahmed and Nausheen Gilkar as the parents of the child.
West, a nurse residing in Alaska, traveled to Dallas for childbirth in August, as Texas has stringent abortion laws. She filed an emergency appeal on Wednesday, supported by Republican officeholders and anti-abortion groups, requesting final custody or conservatorship due to her belief that the couple might not provide lifesaving care for the child.
The newborn, referred to by Ahmed and Gilkar as Rumi and by West as Gabriel, suffers from hypoplastic left heart syndrome, a life-threatening condition impairing blood flow to the heart. This necessitated an emergency court order from Texas Attorney General Ken Paxton’s office mandating lifesaving medical treatment for the boy. He underwent surgery shortly after birth but remains in critical condition, dealing with potential complications according to the couple’s attorney, Lee Budner.
With surrogacy lacking federal regulation, varying state laws create interpretative challenges. The Supreme Court, though not compelled to hear the case, may provide clarity in this complex issue. Ahmed and Gilkar have not responded to the Supreme Court filing yet, and attempts to reach their attorney for comments have been made by CBS News.
The couple alleges that West violated the surrogacy contract and obtained a restraining order from a Texas court preventing her from contacting the child. The court also designated Ahmed and Gilkar to make medical decisions. During an August 25 hearing, Gilkar described West as mentally unstable, accusing her of trying to take their baby.
Disputes arose over West’s travel to Texas and access to the child’s medical records. Gilkar testified that they requested a termination of the surrogate pregnancy in May due to the heart defect. West, aiming for the child’s custody, expressed willingness to drop her claim if the couple assured the child’s lifesaving care. The couple refuted claims of denying care, affirming their desire for their child’s wellbeing.
Despite the hearing, case details remain sealed following West’s failed attempt to gain conservatorship in Texas. Her lawyers argue that Ahmed and Gilkar are not ensuring unavoidable medical interventions for the child. The Texas court supported the California judgment on September 2, reinforcing Ahmed and Gilkar’s parental status.
Attorney Marla Neufeld, not involved in the case, indicated that Supreme Court intervention in family disputes is rare and emergency appeals challenging. West’s lawyers maintain that she should be recognized under Texas law as the child’s mother. They fear Ahmed and Gilkar plan non-surgical hospice care in California, foregoing surgery that might prevent imminent danger.
Without surgery, hypoplastic left heart syndrome can cause death within days or weeks. Even post-surgery, ongoing interventions, including potential transplants, might be necessary. Per Cleveland Clinic guidelines, subsequent surgeries are anticipated during the child’s infancy and early childhood. The couple reportedly intends not to update West regarding the child’s health, underscoring the critical nature of these proceedings.