Full Breakdown
Supreme Court Petition Over Baby Custody Sparks Multistate Surrogacy Clash
By Drooid · · How we work
Core Event
Alaska-born cardiac nurse McKenna West filed an emergency application with the U.S. Supreme Court seeking a temporary stay of a Los Angeles Superior Court judgment that named California residents Omar Ahmed and Nausheen Gilkar as the legal parents of their newborn son. West argues the judgment blocks her from advocating for the infant—diagnosed at 20 weeks with hypoplastic left heart syndrome (HLHS)—and from obtaining medical information. The filing asks Justice Elena Kagan to block the California order so West can pursue custody or conservatorship in Texas, where the baby was born on Aug. 12.
Background & Context
The surrogacy contract allowed termination of the pregnancy if a serious fetal abnormality was detected. After the 20-week ultrasound revealed HLHS, Ahmed and Gilkar requested an abortion. West refused, citing the baby’s movement and the availability of surgical treatment, and traveled to Dallas—where abortions are largely prohibited—to give birth. Texas Attorney General Ken Paxton secured an emergency order requiring the hospital to provide life-saving care. The infant underwent the first of three planned open-heart surgeries on Aug. 17.
Timeline
- June 22 – California court declares Ahmed and Gilkar the baby’s legal parents.
- May – Ahmed and Gilkar request termination after the HLHS diagnosis.
- Aug. 12 – West gives birth in Dallas; baby named Rumi by the parents and Gabriel by West.
- Aug. 17 – First HLHS surgery performed under the Texas emergency order.
- Sept. 2 – Texas judge upholds the California parentage judgment and dismisses West from the Texas case.
- Sept. 9 – West files the Supreme Court emergency application.
- Mid-Sept. – Justice Kagan sets a deadline for the opposing side to respond.
Data & Statistics
- Hypoplastic left heart syndrome is a congenital defect in which the left side of the heart cannot pump sufficient blood. The CDC notes that infants typically require three staged surgeries: the Norwood procedure (within the first two weeks), the bidirectional Glenn (around 4–6 months), and the Fontan (around 18 months to 3 years).
- Survival rates for children who complete the series are roughly 70 % to age five.
Official Statements & Responses
- Ken Paxton obtained the Texas emergency order mandating life-saving treatment and prohibiting removal from the state.
- Lee Budner, attorney for Ahmed and Gilkar, confirmed the baby was in critical condition after the Norwood procedure and declined further comment.
Criticism & Opposition
- Nausheen Gilkar described West as “mentally unstable” during an Aug. 25 hearing and said West’s custody claim threatens the parents’ rights.
- The couple maintains they will approve any medically indicated, life-saving care and reject allegations of planned hospice placement.
Conflicting Reports & Gaps
- West’s allegation: The filing claims Ahmed and Gilkar could move the infant to California for hospice care as early as Sept. 17, despite the condition being treatable.
- Parents’ position: Their attorney says the couple has already consented to the first surgery and will approve further interventions if physicians deem the child a candidate.
- Sealed court records leave many procedural details undisclosed, including the basis for dismissing West from the Texas case.
What’s Next
The Supreme Court has not indicated whether it will grant the emergency stay. Justice Kagan’s request for a response sets a mid-September deadline; the Court may issue a decision thereafter. If denied, West will remain excluded from medical updates and further legal participation in Texas. The outcome could influence future multistate surrogacy disputes where state laws on parental rights and abortion diverge.
