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Supreme Court declines to intervene in custody case involving newborn with heart condition
NBC News • • nation
Key Points:
- Supreme Court Justice Elena Kagan declined to intervene in a custody dispute involving a surrogate, McKenna West, and California parents over a baby born with a severe heart defect.
- West, who gave birth in Texas, argued she was denied due process when California awarded custody to the genetic parents, Omar Ahmed and Nausheen Gilkar; however, Texas courts dismissed her claims.
- The baby, diagnosed with hypoplastic left heart syndrome, requires urgent medical care, with Texas and California courts prioritizing the child’s health and allowing relocation to California for treatment.
- The surrogacy contract included a clause permitting abortion for fetal abnormalities, which West refused when the defect was discovered, leading to a contentious legal battle supported by Texas Attorney General Ken Paxton.
- West contends the parents violated the contract by seeking custody in California instead of Alaska, where legal challenges were to be heard, and claims she is being denied information about the child’s condition.
