Alaska‑born cardiac nurse McKenna West, the surrogate who carried a baby with hypoplastic left heart syndrome to term in Texas, is seeking emergency relief from the U.S. Supreme Court. West argues that a Los Angeles Superior Court decision, which declared California residents Nausheen Gilkar and Omar Ahmed the baby’s legal parents, effectively bars her from advocating for the medically fragile newborn.
Legal fight moves to the nation’s highest court
West’s attorneys filed an emergency application on Wednesday, requesting Justice Elena Kagan to temporarily halt the California ruling. Kagan, who handles emergency matters from the 9th Circuit, has not yet ruled on the request.
The dispute began after a 20‑week ultrasound revealed the baby’s heart defect. Gilkar and Ahmed, the intended parents, asked West to terminate the pregnancy under a provision in their surrogacy agreement covering serious fetal abnormalities. West refused, stating she could not abort “this precious baby” after feeling him move and learning that treatment was available.
West offered to raise the child herself or arrange an adoption if the couple no longer wanted him, while allowing them to walk away from further financial obligations. She later claimed the couple threatened her with more than $250,000 in penalties if she continued the pregnancy.
Jurisdictional battle
West argues the case should be heard in Alaska, where the surrogacy contract was executed, and says she appeared in California solely to challenge the court’s jurisdiction. The Los Angeles court, however, found that West had effectively consented to its authority by filing a 147‑page brief addressing the substantive issues.
West’s lawyers contend that most of those pages were exhibits supporting her jurisdictional challenge and that she repeatedly refused to argue the underlying case. “Any reasonable view of consent would recognize that ‘no’ does not mean ‘yes,’” they wrote.
The surrogate also alleges she was never properly served, noting that a FedEx package containing court papers was delivered to her babysitter, who was not informed of its contents.
Texas involvement and medical care
After the California court’s June 22 decision, West traveled to Texas so the baby could be delivered at a hospital equipped to treat his condition. Texas Attorney General Ken Paxton secured an emergency order before the birth, directing the hospital to provide life‑saving care and preventing the child from being removed from the state.
The baby, born on Aug. 12 and named Gabriel by West, underwent the first of three planned open‑heart surgeries on Aug. 17. He later required a breathing tube and a blood transfusion after his condition declined.
Gilkar and Ahmed have remained at the child’s bedside, asserting that he is their son and that they will approve life‑saving treatment if doctors deem him a candidate. West says she would abandon her custody effort if the intended parents were committed to providing such care.
Supreme Court request
West’s current petition asks the Supreme Court to temporarily block the California ruling, which could give her a path back into the Texas case. Her attorneys argue the dispute raises a broader constitutional question about whether challenging a court’s authority can itself be treated as acceptance of that authority.
They stress that a temporary block would not decide who the legal parents are or dictate a specific medical course, but would allow West to seek re‑entry into the Texas proceedings. Without relief, West warns she will remain shut out of updates on the baby’s condition, potentially missing the chance to protect a child whose life is already at risk.
Fox News’ Shannon Bream and Bill Mears contributed to this report.
Original reporting: Fox News (HLL/CB) — read the source article.
