A surrogate mother from California who declined the intended parents’ request to have an abortion has submitted an emergency appeal to the U.S. Supreme Court amid a custody battle over a 4-week-old infant born with a severe heart defect. McKenna West, an Alaska resident and nurse, filed the appeal on Wednesday. The legal dispute over surrogacy and abortion has drawn backing from Republican officials and anti-abortion organizations. West traveled to Dallas to give birth in August, as Texas bans most abortions. West is asking the nation’s highest court to pause a California court order recognizing Omar Ahmed and Nausheen Gilkar as the parents of the child, whom she refers to as Gabriel and the couple calls Rumi. West is seeking final custody or conservatorship, stating her concern that the couple will not furnish lifesaving treatment due to their previous request for an abortion at 23 weeks. The boy was born on August 12 with hypoplastic left heart syndrome, a critical condition that inhibits normal blood flow. Prior to his birth, Texas Attorney General Ken Paxton’s office intervened, securing an emergency court order mandating that the newborn receive lifesaving medical care. West underwent an interview last month with the anti-abortion group Live Action, stating it was frightening to think something could be wrong and that she might lack decision-making power over treatment. The infant underwent surgery shortly after birth. Lee Budner, an attorney for the couple, stated in August that the newborn was in critical condition and appeared to be suffering from potential complications. Surrogacy remains unregulated federally, with state laws varying and leaving room for interpretation, while the Supreme Court is not obligated to hear the case. Ahmed and Gilkar have not yet responded to the Supreme Court filing, and CBS News reached out to their attorney for comment. The couple previously argued that West breached the surrogacy contract and secured a Texas restraining order preventing her from seeing or holding the child, with the court ruling that Ahmed and Gilkar hold authority over medical decisions. During an August 25 hearing in Dallas, Gilkar described West as mentally unstable and accused her of trying to take their baby, testifying through tears that he was their child. Gilkar testified that West traveled to Texas without informing them and alleged West revoked access to medical records, a point West acknowledged. Gilkar also testified that she and her husband requested to terminate the pregnancy in May because of the heart defect. West stated during the hearing that she sought custody but would drop claims if the couple agreed to provide lifesaving care for the baby. Gilkar disputed the claim of denying lifesaving care in court, expressing devastation and stating they wanted nothing more than those babies. West and her legal team contend the couple lacks commitment to ensuring the baby receives necessary surgeries or care. Following the August 25 hearing, both parties remained publicly quiet and the case file was sealed, though West’s Supreme Court filing indicates she lost her Texas plea for conservatorship. The filing notes that the Texas court fully recognized the California judgment on September 2. Marla Neufeld, an uninvolved attorney specializing in surrogacy law, noted that the likelihood of the Supreme Court granting the appeal is low, as emergency relief is difficult to secure and the court rarely intervenes in family matters. West’s lawyers argued in the Supreme Court plea that the stakes of the lower decisions are immense, asking that she be recognized as the mother under Texas law and noting that the unlawful California judgment dismissed her from Texas proceedings while denying her information and control over the medically fragile child. According to the filing, West believes Ahmed and Gilkar intend to place the infant in hospice care in California instead of pursuing potentially lifesaving surgery. Without intervention, hypoplastic left heart syndrome can prove fatal within days or weeks, and the CDC notes that surgical repairs are not guaranteed cures, often requiring subsequent surgeries or heart transplants. The Cleveland Clinic indicates the baby will require a second surgery at 4 to 6 months of age and a third between 18 months and 4 years old. The filing also states that the couple has refused to provide West with updates regarding the child’s medical condition.
Source: cbsnews.com
