Surrogate seeks Supreme Court review of California custody ruling for infant with heart defect

A surrogate who traveled from Alaska to Texas to give birth in August has asked the U.S. Supreme Court to halt a California court order that recognizes a California couple as the legal parents of the infant, who was born with a life-threatening heart condition. The surrogate, McKenna West, filed an emergency appeal on Wednesday, arguing that the couple, Omar Ahmed and Nausheen Gilkar, will not provide the "life-saving" medical care the child needs, citing their earlier request for an abortion at 23 weeks.

The baby, born on Aug. 12 with hypoplastic left-heart syndrome, underwent surgery shortly after birth but remains medically fragile. The couple’s attorney said the newborn was in critical condition and faced potential complications. Ahmed and Gilkar have not responded to requests for comment and have previously obtained a restraining order preventing West from seeing the child, alleging she violated the surrogacy contract.

West’s filing contends that the California judgment was unlawful and that she was dismissed from Texas proceedings, leaving her without information or control over the child’s care. She asserts that the parents intend to place the infant in hospice rather than pursue further surgeries, a claim the filing says the couple has not refuted.

Legal experts note that the Supreme Court rarely grants emergency relief in family-law matters, and the likelihood of the Court taking the case is low. The case highlights the lack of federal regulation on surrogacy, which can create jurisdictional conflicts between states.