US Supreme Court Rejects Surrogate's Appeal in Multi-State Custody Dispute

Post By Emmie
September 23, 2026

US Supreme Court Justice Elena Kagan has turned down an emergency appeal from a surrogate mother fighting for parental rights over a baby born with a serious heart defect.

The decision leaves in place an earlier California court judgment recognizing the biological parents, Omar Ahmed and Nausheen Gilkar, as the legal parents. Justice Kagan issued the denial without detailing the underlying legal reasoning.

The multi-state legal battle began during the 20th week of pregnancy, when a scan revealed the fetus had hypoplastic left heart syndrome. The severe defect prevents the left side of the heart from pumping enough blood through the body. The condition requires multiple surgeries that offer treatment rather than a full cure, and infants face potential lifelong complications.

Following the diagnosis, the California couple requested an abortion under a contractual clause allowing terminations for pregnancy anomalies. McKenna West, an Alaska nurse, declined the request to abort "this precious baby" after looking into treatment options. West subsequently traveled to Texas, where nearly all abortions are illegal.

Texas Attorney General Ken Paxton briefly intervened on West's behalf, securing an emergency order to guarantee medical treatment for the child in Texas before later stepping back from the case. West gave birth on August 1th in Dallas.

A Texas court issued a restraining order preventing West from seeing the newborn, while a California court confirmed Ahmed and Gilkar as the child's legal parents. The parents named the boy Rumi, whereas West calls him Gabriel. The baby underwent heart surgery shortly after birth.

In her petition to the Supreme Court, West asked to pause the California ruling. She expressed concern that the couple would not provide necessary care, suggesting they might place the infant in hospice care.

Ahmed and Gilkar strongly denied those assertions. Calling the infant "our child" and "the love of our lives", Gilkar rejected claims that they were withholding medical attention. The couple's attorney, Adam Wolf, stated: "We are grateful that Rumi can continue receiving the treatment he needs to survive, and that he will not be stripped away from his parents, who are ensuring their child receives top-notch medical care."

The biological parents are pursuing a lawsuit against West for at least $100,000, accusing her of attempting to snatch their child.