The U.S. Supreme Court declined to hear a surrogate mother’s appeal over custody and medical decisions for a newborn with a severe heart defect, leaving state courts to resolve the dispute. The child, born on August 12, has hypoplastic left heart syndrome, a condition requiring multiple surgeries, according to the U.S.
Supreme Court Refuses to Hear Surrogate’s Appeal
The U.S. Supreme Court declined to intervene in a legal battle over a newborn’s medical care, allowing a Texas court’s order to stand. Surrogate McKenna West, who gave birth to a child with hypoplastic left heart syndrome, had sought the court’s help to block California parents Omar Ahmed and Nausheen Gilkar from taking the baby out of Texas. The court’s decision did not explain its reasoning, leaving the dispute to unfold in state-level proceedings. Texas Attorney General Ken Paxton, who is running for the U.S. Senate as a Republican this year, initially supported West but later withdrew from the case.
West, a nurse from Alaska, had traveled to Texas after the biological parents requested an abortion at 20 weeks due to the fetal heart defect. She argued in filings that the couple would not provide the child with life-saving care, citing their initial request for termination. West calls the child Gabriel, while his genetic parents named him Rumi.
Legal Battle Over Custody and Medical Decisions
The conflict intensified after a California court granted Ahmed and Gilkar parental rights, while a Texas court issued a restraining order blocking West from seeing the child. West’s attorneys argued the biological parents lacked care for the child. A Texas court had previously ordered the parents to provide medical care, but West claimed she was denied access to the child’s medical records.
West’s emergency appeal to the Supreme Court cited a September 17, 2026, deadline for the parents to move the child out of Texas. Her lawyers argued that without intervention, the couple might transfer the baby to California for palliative care,
a move West opposed. The child could be taken from a Texas hospital and transported to California for palliative care, despite the fact that his condition is treatable,
her filing stated. Ahmed and Gilkar denied refusing medical care.
Medical Details and Ongoing Legal Proceedings
The newborn, named Rumi by the biological parents and Gabriel by West, has undergone one surgery for hypoplastic left heart syndrome, a condition requiring multiple procedures. The U.S. Centers for Disease Control and Prevention notes that untreated cases can lead to death within days or weeks, though surgery does not completely correct the condition. West argued in filings that the parents might not support further treatments, a claim Ahmed and Gilkar denied. A Texas court hearing on September 15, 2026, addressed whether the parents could move the child out of state. West’s legal team claimed she had been dismissed from the case with prejudice, while the parents argued she violated the surrogacy contract.
What Comes Next for the Child and the Case
The dispute remains in Texas court, with no immediate resolution. A guardian ad litem, appointed to represent the child’s interests, filed an emergency motion to modify the court’s order, seeking to remove Baby G. from the hospital and from the State of Texas. The biological parents continue to assert their legal rights. West’s next steps are unclear, but her attorneys have signaled they may pursue further appeals. The case highlights unresolved tensions in U.S. surrogacy laws, where state regulations often leave room for gaps in interpretation. With no federal oversight, disputes like this one rely on conflicting court rulings. For now, those issues remain part of the state-level court proceedings.