Supreme Court rejects surrogate’s request to have a say in sick baby’s care
By John Fritze, CNN
(CNN) — The Supreme Court on Tuesday declined a request from a surrogate who is fighting for custody of a baby boy who was born with a serious heart defect, steering clear of a complicated legal battle that has become wrapped up in broader national debates over abortion and surrogacy.
McKenna West, an Alaska nurse, carried the child for Omar Ahmed and Nausheen Gilkar. When an early scan found hypoplastic left heart syndrome, a life-threatening condition, Ahmed and Gilkar decided to have an abortion. But West declined, traveled to Texas and gave birth.
The case raised wrenching and deeply personal questions and was caught up in broader debates over abortion and surrogacy. Texas Attorney General Ken Paxton, a Republican who is running for the US Senate this year, intervened on behalf of West to secure a court order requiring medical treatment for the baby, but then withdrew from the case.
Despite that, the Supreme Court is generally loath to engage in family disputes, especially when the issues deal largely with state law.
Ahmed and Gilkar say West violated the surrogacy contract and a California court recognized them as the baby’s legal parents. West urged the Supreme Court to step into the legal fight on September 9 and to pause that state court order to give her time to continue fighting in federal court.
Justice Elena Kagan, who handles emergency cases rising from California, denied the request without explanation. Because Kagan did not formally refer the case to the entire court, there were no noted dissents. It’s not clear if Kagan informally polled her colleagues.
The boy, born on August 12, has already undergone one surgery and more are likely.
Without treatment, hypoplastic left heart syndrome can lead to death within days or weeks. Surgery is necessary but will not cure the condition, and additional procedures or a heart transplant may be needed, according to the US Centers for Disease Control and Prevention.
Ahmed and Gilkar named the boy Rumi. West named the child Gabriel.
West has claimed that Ahmed and Gilkar may not support treatment for the child, telling the Supreme Court that “the child could be removed from the Texas hospital and taken to California for hospice — despite his treatable condition.”
Gilkar and Ahmed have denied refusing care for the child.
The Associated Press contributed to this report.
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