The surrogate who declined an abortion requested by the child’s biological parents has filed an updated brief with the U.S. Supreme Court. This follows an emergency application submitted to the court last week, as the case progresses more swiftly than anticipated.
McKenna West from Alaska and a couple from California, referred to as commissioning parties, are entangled in a legal dispute. The conflict began after West refused to terminate a pregnancy due to a diagnosis of Hypoplastic Left Heart Syndrome, a severe heart condition.
West’s legal team, comprised of attorneys from Alliance Defending Freedom and First & Fourteenth PLLC, approached Justice Elena Kagan. She manages emergency matters from the Ninth Circuit. They sought an administrative stay and a stay pending a potential petition for certiorari.
Surrogacy Dispute
The surrogate mother, McKenna West, relocated to Texas after the biological parents requested an abortion. Her legal filing argues the California courts breached federal due process. The courts allegedly misinterpreted her jurisdictional defense as consent.
Without a stay, West claims the baby might be transferred to California for hospice care, leaving her excluded from key medical decisions. On Monday, West and her team raised concerns that the baby could be relocated from Texas sooner than expected.
She requested an administrative stay by 1 p.m. Eastern Tuesday. This request follows a California court ruling naming the commissioning parents as the child’s legal guardians, dismissing West’s claims for custody.
The commissioning parents maintain that California has jurisdiction based on the surrogacy agreement, thereby establishing them as the legal parents. In response to their abortion request, West had moved to Texas, citing its abortion restrictions and the need for specialized medical care.
She sought protective orders in Alaska and Texas. However, the commissioning parents initiated a parentage action in Los Angeles Superior Court. West contested personal jurisdiction, citing an agreement clause mandating litigation in Alaska.
The California trial court found West’s exhibits constituted a general appearance, implying her consent to the court’s jurisdiction. The judgment of parentage favored the commissioning parents.
After the August 12 birth in Texas, a Texas court acknowledged the California ruling, recognizing the commissioning couple as the legal parents. West’s attempt to contest was dismissed with prejudice, barring her from refiling the claim in that case.