A surrogate mother who refused to terminate a pregnancy at the request of the intended parents has escalated her legal battle to the nation’s highest court seeking emergency intervention over the care of a newborn with a life-threatening heart condition.
McKenna West filed an emergency appeal with the U.S. Supreme Court on Wednesday in a case that has drawn national attention around surrogacy contracts and abortion rights. West traveled from Alaska to Dallas to give birth in August because Texas bans most abortions.
The baby boy was born August 12 with hypoplastic left heart syndrome, a severe cardiac condition that restricts normal blood flow through the heart. He underwent surgery shortly after birth and has remained in critical condition.
West is seeking to block a California court order that recognizes Omar Ahmed and Nausheen Gilkar as the child’s legal parents. She believes the couple intends to place the infant in hospice care rather than pursue available surgical options that could extend or save his life.
The couple has obtained a restraining order barring West from any contact with the child. During an August 25 hearing in Dallas, Gilkar described West as unstable and accused her of attempting to take their baby away. Ahmed and Gilkar have not filed a response to the Supreme Court petition.
A Texas court sided with the California judgment on September 2 effectively removing West from the proceedings. The case file has since been sealed.
West’s attorneys argue she should be recognized as the child’s mother under Texas law given that the California ruling was unlawful. They contend she has been cut off from any information about the baby’s medical status or treatment decisions.
Legal experts say the chances of the Supreme Court taking up the case are slim. Attorney Marla Neufeld who works in reproductive and family law but has no involvement in this case said emergency relief is rarely granted and the high court typically avoids intervening in family law disputes.
Without surgical intervention hypoplastic left heart syndrome can be fatal within days or weeks according to the Centers for Disease Control and Prevention. Treatment does not guarantee a cure and patients may require additional procedures or a heart transplant.
The case has attracted backing from Republican officials and anti-abortion organizations who have framed it as a matter of protecting the life of the child. Surrogacy in the United States remains unregulated at the federal level leaving legal gaps that vary widely from state to state.
