Supreme Court declines to intervene in surrogacy dispute over child born with heart defect
The U.S. Supreme Court declined Tuesday to intervene in a surrogacy dispute involving McKenna West, a surrogate mother who refused an abortion and gave birth to a boy in Texas. Justice Elena Kagan, who handles cases arising from California, declined to hear the case without issuing a written decision. The Texas Supreme Court had previously ruled last week that the child could be moved to California, where the intended parents have arranged medical care.
Single source · Not corroborated
McKenna West entered into a surrogacy agreement in August 2025 with Omar Ahmed and Nausheen Gilkar, who had sought surrogacy after attempts at in vitro fertilization failed. The agreement included a clause allowing termination of pregnancy in the event of a "fetal abnormality."
The child was diagnosed with hypoplastic left heart syndrome, a condition in which part of the heart is underdeveloped and prevents normal blood flow. When Ahmed and Gilkar sought to invoke the termination clause, West refused and traveled from California to Texas, where she gave birth to the boy in August. West named the child Gabriel; the intended parents had named him Rumi.
West sought custody of the child in Texas court, arguing she should retain custody despite the surrogacy agreement. A Texas judge ruled against her. Texas Attorney General Ken Paxton issued an order stating the child must receive lifesaving care in Texas, and Paxton's office provided support to West. The Texas Supreme Court subsequently ruled last week that the child could be transferred to California for medical care arranged by Ahmed and Gilkar.