Surrogate appeals to Supreme Court in custody dispute over baby born in Texas with heart defect
September 10, 2026 / 6:56 PM EDT / CBS/AP
TL;DR
- A surrogate mother, McKenna West, is appealing to the U.S. Supreme Court in a custody dispute over a baby born with hypoplastic left heart syndrome.
- West is challenging a California court order that recognizes Omar Ahmed and Nausheen Gilkar as the parents of the child, whom she calls Gabriel and they call Rumi.
- West fears the intended parents will not provide life-saving care, citing their request for an abortion at 23 weeks of gestation.
- The intended parents claim West violated their surrogacy contract and that a Texas court ruled they are responsible for medical decisions.
- The Texas Attorney General's office intervened to ensure the baby received lifesaving medical care.
- The Supreme Court is not obligated to hear the case, and obtaining emergency relief is difficult.