<p class="wp-block-paragraph">The <a href="https://www.washingtonexaminer.com/tag/supreme-court/" rel="noopener noreferrer" target="_blank">Supreme Court</a> declined on September 22, 2026, to intervene in a multistate custody battle involving a <a href="https://www.washingtonexaminer.com/tag/california/" rel="noopener noreferrer" target="_blank">California</a> couple and the <a href="https://www.washingtonexaminer.com/tag/surrogacy/" rel="noopener noreferrer" target="_blank">surrogate</a> who gave birth to their son after refusing a request to terminate the <a href="https://www.washingtonexaminer.com/tag/pregnancy/" rel="noopener noreferrer" target="_blank">pregnancy</a>. </p>
<p class="wp-block-paragraph">Justice <a href="https://www.washingtonexaminer.com/tag/elena-kagan/" rel="noopener noreferrer" target="_blank">Elena Kagan</a> denied an emergency request from McKenna West, an <a href="https://www.washingtonexaminer.com/tag/alaska/" rel="noopener noreferrer" target="_blank">Alaska</a> nurse who sought to block a California court order recognizing Omar Ahmed and Nausheen Gilkar as the legal parents of the baby. Kagan, who handles emergency matters arising from California, did not provide an explanation for the decision, as is customary. </p>
<p class="wp-block-paragraph">The dispute began after West entered into a surrogacy agreement with Ahmed and Gilkar in 2025. West became pregnant with the couple’s child, but an anatomy scan at about 20 weeks found the fetus had hypoplastic left heart syndrome, a severe congenital defect in which the left side of the heart underdeveloped.</p>
<p class="wp-block-paragraph">The diagnosis initiated a dispute that extended across several states. </p>
<p class="wp-block-paragraph">West, an Alaska resident, traveled to <a href="https://www.washingtonexaminer.com/tag/texas/" rel="noopener noreferrer" target="_blank">Texas</a> to prepare for treatment for the unborn baby’s heart defect upon his birth, despite Gilkar and Ahmed allegedly asking West to <a href="https://www.washingtonexaminer.com/tag/abortion/" rel="noopener noreferrer" target="_blank">abort</a> the baby. The couple attempted to have West deliver the baby in California but refused to agree to allow the baby to receive lifesaving treatment for his heart condition after birth.</p>
<p class="wp-block-paragraph">Gilkar and Ahmed went to court in California and obtained a ruling recognizing them as the child’s legal parents. </p>
<p class="wp-block-paragraph">The surrogate gave birth on August 12 in Dallas. She and her supporters refer to the baby boy as Gabriel, while Ahmed and Gilkar named him Rumi. He underwent surgery shortly after birth and will require additional treatment for his heart condition. </p>
<p class="wp-block-paragraph">A Texas court ultimately recognized the California parentage judgment and dismissed West from the custody proceedings. West then appealed to the Supreme Court, arguing she should have the ability to advocate for the child’s medical care and raised concerns that the parents could discontinue treatment. Ahmed and Gilkar rejected that assertion, stating they have remained with their son in intensive care and are committed to providing necessary treatment.</p>
<p class="wp-block-paragraph">Texas Attorney General <a href="https://www.washingtonexaminer.com/tag/ken-paxton/" rel="noopener noreferrer" target="_blank">Ken Paxton</a> became involved in the legal dispute shortly before the baby’s birth, obtaining an emergency order requiring the baby to receive medically necessary care and temporarily preventing the child from being removed from Texas. Paxton accused the intended parents of refusing lifesaving treatment, an allegation their attorney disputed.</p>
<p class="wp-block-paragraph">Paxton has since withdrawn from the proceedings. The Supreme Court’s decision leaves the California parentage ruling in place in a legal battle that has become central to discussions surrounding abortion and the legal standing of surrogates. </p>