Surrogate takes custody battle to US Supreme Court after refusing abortion

A custody battle involving a surrogate mother and biological parents over a baby born with a severe heart defect has escalated to the U.S. Supreme Court. McKenna West, the surrogate from Alaska, filed an emergency appeal seeking to overturn a California court order that recognizes Omar Ahmed and Nausheen Gilkar as the child's parents. West alleges the biological parents requested an abortion after a 20-week ultrasound revealed the fetus had hypoplastic left heart syndrome, a life-threatening condition, but she refused.

West traveled to Dallas, Texas, where she gave birth in August 2026, and the baby underwent surgery soon after. Despite West's efforts to gain custody or conservatorship, arguing the biological parents would not ensure necessary life-saving medical care, a Texas court dismissed her plea. The biological parents, who deny West's claims regarding medical care, obtained a restraining order preventing her from seeing the child and accuse her of violating the surrogacy contract.

This complex legal dispute, supported by anti-abortion groups, highlights significant questions surrounding surrogacy, parental rights, and medical decision-making for critically ill newborns. The Supreme Court is not obligated to hear the emergency appeal, and the biological parents have not yet publicly responded to the filing.