A high-stakes surrogacy and custody dispute that intersects with America’s ongoing national debate over abortion rights has moved a step closer to resolution, after the U.S. Supreme Court declined to intervene in the conflict between a surrogate mother and the intended biological parents. The case centers on McKenna West, the gestational surrogate hired by California couple Omar Ahmed and Nausheen Gilkar to carry their child. When a 20-week prenatal scan revealed the fetus had hypoplastic left heart syndrome, a severe and life-threatening congenital heart defect, Ahmed and Gilkar requested that West terminate the pregnancy.
West refused the abortion request, and instead relocated from California to Texas, where near-total abortion bans are in effect. She gave birth to the baby boy, whom the biological parents have named Rumi, last month. Since the birth, West has pushed for full custody of Rumi, arguing that Ahmed and Gilkar’s initial request for an abortion demonstrates they would not provide the extensive, lifelong medical care the child needs. She has suggested the couple may ultimately choose to place Rumi in hospice care rather than pursue the multiple invasive surgeries required to manage his condition.
West’s legal challenge has drawn high-profile support from prominent Republican officials, including Texas Attorney General Ken Paxton, who previously secured an emergency court order to keep Rumi in Texas for immediate post-birth heart surgery. That surgery took place shortly after Rumi was born, and attorneys for the California couple confirmed last month that the infant remains in critical condition, with potential ongoing complications related to his condition. According to the U.S. Centers for Disease Control and Prevention, hypoplastic left heart syndrome leaves the left side of the heart unable to pump sufficient blood throughout the body; while multiple surgeries can extend survival, there is no cure, and patients often face lifelong health complications.
In her appeal to the nation’s highest court, West asked Justice Elena Kagan to block a prior California court ruling that granted full parental rights and custody to Ahmed and Gilkar. Kagan declined to grant the emergency appeal, leaving the lower court’s custody order intact. A Texas court has also issued a restraining order that bars West from unsupervised access to Rumi. West has argued that without Supreme Court intervention, she will be cut off from all updates on her son’s medical status and progress.
In prior court proceedings, Ahmed and Gilkar have pushed back against West’s claims, stating that Rumi is “our child” and “the love of our lives.” They have accused West of traveling to Texas without their advance knowledge and blocking their access to the infant’s medical records. The BBC has reached out to legal representatives for both parties to request additional comment on the Supreme Court’s latest decision, but has not yet received response from either side.