Child with heart defect receives cardiac surgery in Dallas
Child with congenital heart defect receives surgical treatment in Dallas.
Event / Politics
US Supreme Court Surrogacy Custody Dispute
U.S. Supreme Court declined emergency intervention on September 22 in a custody dispute involving a same-sex couple from California and their surrogate over a newborn with a serious heart condition. The case involves contested surrogacy agreements, abortion restrictions, and parental decision-making authority.
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2026-09-23 to 2026-11-02 · UTC publication dates
Coverage begins 23 Sept, 04:26 UTC
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What happened
Surrogacy agreement included abortion provision for fetal abnormalities
The surrogacy contract between McKenna West and the California couple included a provision stipulating that West would undergo an abortion in the event of a diagnosis of fetal abnormality. This provision became the central point of legal contention when the fetus was diagnosed with hypoplastic left heart syndrome, a life-threatening heart condition.
Surrogate refuses abortion request and delivers child in Texas
McKenna West, a surrogate from Alaska, declined the request from California intended parents Omar Ahmed and Nausheen Gilkar to abort the pregnancy after the fetus was diagnosed with hypoplastic left heart syndrome. West traveled to Dallas, Texas, where she delivered the male child on August 12. Texas law restricts most abortions, making it the location where West chose to proceed with the pregnancy.
Surrogate sues for conservatorship, citing concerns about parental care
McKenna West sought conservatorship over the child, arguing that since the biological parents had requested to terminate the pregnancy, they would not provide adequate medical care for the child. West's lawyers also argued the case should have been resolved in Alaska, where West resides. The biological parents denied West's allegations in court filings, stating their clear intention to provide necessary medical care.
Supreme Court declines to intervene in surrogacy custody dispute
Justice Elena Kagan denied an emergency appeal from surrogate McKenna West seeking conservatorship over a 5-week-old child born in Dallas. West had refused the California couple's request to abort the pregnancy after fetal diagnosis of a serious heart condition. The Supreme Court's brief order did not detail legal reasoning, which is typical for emergency appeals. Kagan handled the case as she oversees appeals from the 9th Circuit Court of Appeals, which includes California.
Child born with hypoplastic left heart syndrome undergoes cardiac surgery
A male child was born August 12 in Dallas with hypoplastic left heart syndrome, a life-threatening condition that prevents normal blood flow to the heart. He underwent surgery soon after birth. According to the CDC, without treatment, children with this heart defect can die within days or weeks, and surgical repairs may require additional surgeries or heart transplants.
California court recognizes same-sex couple as parents of surrogate-born child
A California trial court previously ruled that Omar Ahmed and Nausheen Gilkar are the legal parents of the child born via surrogate McKenna West. The child was born August 12 in Dallas with hypoplastic left heart syndrome and underwent surgery shortly after birth. The couple's attorney stated the child had been in critical condition and the parents are providing the medical care necessary for the child's survival.
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2 alternative perspectives
Texas surrogate rejects abortion clause, delivers child despite agreement
Texas surrogate rejected contractual abortion clause and delivered child regardless of agreement terms.
Supreme Court declines surrogacy custody case as California upholds parental rights
Supreme Court declined review of California surrogacy case affirming same-sex couple's parental rights.