Justice Elena Kagan declined Tuesday to intervene in the case of a surrogate mother who refused to have an abortion. McKenna West had an emergency petition rejected by the U.S. Supreme Court, a move intended to stop a California court order. This order recognizes Omar Ahmed and Nausheen Gilkar as the legal parents of the baby boy. Fox News reported the high court made this move without issuing a written decision. The Washington Examiner noted this leaves the California parentage ruling firmly in place.
West, an Alaska nurse, gave birth to the child in Texas on August 12. She named the boy Gabriel, while the genetic parents named him Rumi. The baby was born with hypoplastic left heart syndrome, a severe defect where the heart is underdeveloped. West argued she should maintain custody despite the surrogacy agreement she signed. A Texas judge previously ruled against her claims in this heated multistate battle.
The dispute began after an anatomy scan at 20 weeks revealed the fetus had a serious heart condition. Ahmed and Gilkar signed a surrogacy agreement in August 2025 that allowed for termination in cases of fetal abnormality. They asked West to abort the pregnancy when the defect was detected, but she refused. She then fled to Texas, where abortion is illegal and she could be recognized as the mother. New York Post reported that West believed she could not go through with the procedure in good faith.
Texas Attorney General Ken Paxton initially signed an order requiring the baby to receive lifesaving care in Texas. He accused the intended parents of refusing treatment, an allegation their attorney disputed. Paxton has since withdrawn from the proceedings. Last week, the Texas Supreme Court decided that the child might be transferred to California to receive medical care. RedState reported that a guardian ad litem noted the baby’s doctor recommends future surgeries happen in California soon.
This ruling sends a clear message about the weight of surrogacy contracts versus the biological mother’s wishes. The genetic parents have “followed the recommendations of the doctors to a T,” according to the guardian ad litem. They are committed to providing necessary treatment for their son’s heart condition. RedState noted that the parents intend to shift his care to California, which is their state of residence.
A Texas children’s hospital currently holds the baby in critical condition. Doctors say waiting for treatment would create “much more complicated treatment” for the child. The genetic parents have “unequivocally no” concerns about their ability to make medical decisions. West argued that the California courts denied her due process when awarding custody to the genetic parents.
New York Post stated the couple consented to give West $60,000 for carrying their child. The contract contained a specific clause for terminating a pregnancy if an anomaly appeared. West’s refusal to follow that clause led to a legal fight spanning three states. The Supreme Court’s decision effectively ends her bid to gain full custody of the baby she carried.
West’s battle to obtain custody of the child seems to have reached its conclusion. The parents describe their son as “the most beautiful person I’ve ever seen.” They say he is “the love of our lives.” The legal battle is now settled, and the family prepares to move forward with the care their son needs. This case shows that contracts signed before birth can still hold weight in the eyes of the law.
