Surrogate Seeks Supreme Court Help in Custody Fight
Surrogate Seeks Supreme Court Help in Custody Fight
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Key Points
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Justice Elena Kagan, who oversees emergency matters from the 9th U.S. Circuit, is handling West’s request to temporarily block the California ruling; she had not yet ruled on the application.
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Texas Attorney General Ken Paxton intervened before the birth and obtained an emergency order requiring the baby to receive lifesaving medical care and remain in Texas while the custody dispute proceeded.
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According to West’s attorneys, she offered to raise the child herself or arrange an adoption if the couple no longer wanted him, while allowing them to avoid further financial obligations; they also allege she was warned that continuing the pregnancy could result in more than $250,000 in penalties.
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The intended parents said they ultimately decided to continue the pregnancy and told the Texas court that the dispute escalated after they sought to have West travel to California to consult medical experts about a care plan for the baby.
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At an Aug. 25 hearing, Nausheen Gilkar described West as unstable and said, “He’s our child,” while West’s attorneys argued that the couple had not demonstrated a commitment to ensuring the baby received future surgeries and other lifesaving treatment.
Alaska surrogate McKenna West has asked the U.S. Supreme Court to step into a custody battle over a four-week-old baby born with a life-threatening heart condition. NY Post West carried the child for a California couple who wanted an abortion at 23 weeks after a heart defect diagnosis, but she continued the pregnancy. The baby, now medically fragile after open-heart surgery, sits at the center of a fierce dispute over parental rights, medical decisions, and conflicting state laws.
Texas courts have sided with the couple, recognizing them as the child's legal parents and blocking West from contact. WFAA West argues the couple may not ensure the baby gets necessary lifesaving treatment and deserves custody or conservatorship. The case exposes gaps in U.S. surrogacy law and has no guaranteed path to the Supreme Court, but Justice Elena Kagan is currently reviewing the emergency appeal.
A Pregnancy Continues Against the Couple's Wishes
The couple discovered their surrogate's baby had hypoplastic left heart syndrome — a severe defect where the left side of the heart cannot pump blood properly. At 23 weeks, they asked West to end the pregnancy. NY Post West refused and carried the child to term, giving birth in Dallas on August 12. The baby underwent open-heart surgery shortly after and remains in fragile condition, requiring ongoing specialized care.
Texas Steps In to Protect the Child's Medical Care
Texas Attorney General Ken Paxton entered the case before birth and obtained an emergency court order. CBS Austin That order required hospitals to provide lifesaving treatment and kept the baby in Texas during the custody fight. Texas courts then ruled that West has no custody rights. The couple obtained a restraining order that bars West from seeing or holding the child. WFAA
West Alleges She Was Shut Out of Legal Proceedings
West's lawyers claim she offered to raise the child herself or arrange adoption, freeing the couple from financial obligations. NY Post They say she was threatened with over $250,000 in penalties for continuing the pregnancy. West's team argues she was excluded from court hearings and lacks access to information about the baby's condition or medical needs. At an August 25 hearing, the intended mother called West "unstable" and said, "He's our child." Texarkana Gazette
No Federal Rules Leave States to Clash on Surrogacy
The U.S. has no comprehensive federal surrogacy law, so parentage, contracts, and medical decisions depend on state rules — which conflict sharply. California recognizes the intended couple as parents. Texas courts weighed a surrogate's custody bid while protecting the child's medical care. This interstate split left the baby caught between two states' competing legal systems. NY Post The case now hinges on whether Justice Kagan and the Supreme Court will intervene in this emergency appeal.
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