Surrogate who had baby against parents’ wishes pulls Supreme Court into high-profile custody fight

The multistate fight over custody of the newborn set up a clash over abortion, surrogacy and parental rights.WASHINGTON (CN) — A surrogate from Alaska asked the Supreme Court on Wednesday to intervene in a multistate custody dispute over a California couple’s critically ill newborn.McKenna West kicked off a high-profile fight over surrogacy, abortion and parental rights after she fled to Texas and gave birth to a baby with a rare heart condition whom she was carrying on behalf of Omar Ahmed and Nausheen Gilkar.A California court issued a judgment establishing Ahmed and Gilkar’s parental rights over baby Rumi, who has hypoplastic left heart syndrome, a life-threatening congenital heart condition. But West asked the Supreme Court to invalidate the couple’s parentage order so she can influence the newborn’s ongoing medical care.The dispute began after a 20-week anatomy scan revealed the fetus’ heart condition. Ahmed and Gilkar opted to terminate the pregnancy, but West refused and fled to Texas where abortions are banned.With the help of anti-abortion activists and the Texas attorney general, West gave birth to Rumi in August. And the hospital was ordered to perform the first required surgery.The Texas attorney general has since withdrawn from the proceedings, however, and a Lone Star State court dismissed West from the custody dispute under the California court’s parentage order.West urged the Supreme Court to block the order, claiming Ahmed and Gilkar have refused to give her updates on Rumi’s condition.“The California courts stripped away M.W.’s rights to the child she carried for 37 weeks as she fought to save his life from those who sought him dead,” attorneys from the Alliance for Defending Freedom representing West wrote in an emergency application before the high court.The conservative advocacy group has backed high-profile anti-abortion cases including Dobbs v. Jackson Women’s Health Organization, the 2022 Supreme Court case that overturned Roe v. Wade.West cited disagreements with Ahmed and Gilkar over Rumi’s medical care as a reason to retain rights to advocate for his care. She claimed the newborn, who West called Gabriel, could be moved from a Texas hospital to hospice in California later this month.“A stay is needed to preserve the status quo and ensure M.W. can advocate for her rights and remain informed about Baby G. during this critical time in his young life,” attorneys for West wrote.West submitted complex jurisdictional claims in favor of her case, claiming the litigation should have commenced in Alaska, not California.The emergency application was submitted to Justice Elena Kagan, a Barack Obama appointee, who presides over appeals from the Ninth Circuit. The court did not immediately respond to the application.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads