Surrogate Appeals to Supreme Court in Surrogacy Dispute

A surrogate mother from Alaska, McKenna West, has requested the U.S. Supreme Court’s intervention in a custody dispute over a 4-week-old child born with a serious heart defect. The child was born in Texas, where most abortions are banned, and was delivered amidst a legal battle involving surrogacy and abortion.

West is challenging a California court order recognizing Omar Ahmed and Nausheen Gilkar as the child’s parents. She seeks custody or conservatorship, believing the couple will not provide the necessary medical care. The couple had requested an abortion at 23 weeks due to the child’s condition, hypoplastic left heart syndrome, which is life-threatening and disrupts normal blood flow.

After the child’s birth on August 12, the Texas Attorney General’s office intervened, securing an emergency court order for lifesaving medical care. West had expressed fears about her limited capacity to influence treatment decisions concerning the child.

The child underwent surgery shortly after birth. Lee Budner, the couple’s attorney, noted the newborn’s critical condition and possible complications. Surrogacy laws vary across states, without federal regulation, creating potential interpretation gaps.

Ahmed and Gilkar have not responded to the Supreme Court appeal. They claim West breached the surrogacy contract and secured a Texas court restraining order preventing her from seeing the child. The court maintains that Ahmed and Gilkar hold medical decision rights.

“He’s our child,” Gilkar stated in court emotionally, suggesting West’s mental instability while alleging she withdrew access to the child’s medical records.

West had sought custody but was open to dropping claims if the couple agreed to lifesaving care for the child. Gilkar refuted allegations of denying medical care, stressing their desire for the child’s wellbeing.

West’s Supreme Court filing argues the couple is not committed to necessary surgeries. Following the August hearing, both parties remained silent, and the case file was sealed. Her appeal noted the rejection of her conservatorship plea by Texas courts, influenced by California’s decision.

The Supreme Court’s involvement is unlikely, given its typical avoidance of family disputes and the difficulty of obtaining emergency relief, explained Marla Neufeld, an unrelated attorney specializing in surrogacy cases.

Treatment options for hypoplastic left heart syndrome include surgeries and heart transplants. Without intervention, the condition can lead to death within days or weeks. The Cleveland Clinic advises subsequent surgeries around 4 to 6 months and 18 months to 4 years old. Ahmed and Gilkar reportedly plan hospice care in California instead of surgeries.