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Supreme Court stays out of custody dispute between California couple and surrogate
CBS News • • general
Key Points:
- The Supreme Court declined to intervene in a custody dispute involving a California couple, Omar Ahmed and Nausheen Gilkar, and surrogate McKenna West, who gave birth to a child with a severe heart defect last month.
- The dispute centers on a surrogacy contract allowing the couple to request an abortion after a diagnosis of hypoplastic left heart syndrome, which West refused, giving birth in Texas where abortion is banned after six weeks.
- A California court recognized Ahmed and Gilkar as the child's legal parents, while a Texas court ordered lifesaving medical care for the baby and assigned medical decision-making authority to the couple.
- West sought Supreme Court intervention to overturn the California order, claiming the couple might halt the child's care and asserting her parental rights under Texas law, but the couple's lawyers stated they are providing continuous lifesaving care.
- Justice Elena Kagan rejected West's emergency appeal, citing the potential for medical decision-making confusion and noting that the couple is actively involved in the child's care.
