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The U.S. Supreme Court declined Tuesday to intervene in the case of a surrogate mother who refused to have an abortion and is now seeking custody of the child.
McKenna West gave birth to the boy, whom she named Gabriel, in Texas in August after she fled from California when the parents asked her to abort the child over a heart defect. She argued in Texas court that she should maintain custody over the child despite the surrogacy agreement, but a judge in Texas ruled against her.
West then appealed to the Supreme Court, but Justice Elena Kagan, who handles cases arising from California, declined to hear the case on Tuesday without issuing a written decision.
SURROGATE GIVES BIRTH IN TEXAS TO BABY WITH HEART DEFECT AFTER PARENTS REQUESTED ABORTION
Surrogate mother McKenna West, who fled to Texas after her baby’s birth parents allegedly asked her to abort the child (Live Action)
The intended parents, Omar Ahmed and Nausheen Gilkar, signed a surrogacy agreement with West in August 2025. They point to a clause in the agreement that allowed for a termination of pregnancy in the case of a “fetal abnormality.”
The child, whom they had named Rumi, was diagnosed with hypoplastic left heart syndrome, which causes part of the heart to be underdeveloped and prevent normal blood flow. The child underwent surgery in Texas and is now “suffering from potential complications” related to the operation.
HHS WARNS TEXAS HOSPITALS AGAINST DENYING LIFE-SAVING CARE TO NEWBORN WITH DISABILITY
WASHINGTON, DC – SEPTEMBER 13: U.S. Supreme Court Associate Justice Elena Kagan participates in a discussion at the George Washington University Law School, September 13, 2016 in Washington, DC. (Mark Wilson/Getty Images)
Ahmed and Gilkar attempted to force West to have an abortion when the defect was initially detected, but West refused and fled to Texas, where she received support from Texas Attorney General Ken Paxton.
Paxton signed an order stating that the child must receive lifesaving care in Texas. The case went up to the Texas Supreme Court, which ruled last week that the child could be moved to California, where the intended parents have lined up plans for medical care.
Texas Attorney General Ken Paxton speaks at a news conference in Dallas, June 22, 2017. (AP Photo/Tony Gutierrez, File)
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Ahmed and Gilkar first ought out a surrogacy agreement after attempts at in vitro fertilization failed.
The Associated Press contributed to this report.