Supreme Court Refuses to Intervene in Surrogate McKenna West’s Legal Fight Over Baby Boy

The U.S. Supreme Court will not intervene in surrogate McKenna West’s legal fight over the baby boy she gave birth to last month.

Justice Elena Kagan denied West’s request to halt a California court order recognizing Nausheen Gilkar and Omar Ahmed as the child’s legal parents on Tuesday, September 22, according to a report from the Associated Press. The couple calls their son Rumi, while West calls him Gabriel.

The boy was born in Dallas on August 12 with hypoplastic left heart syndrome, a serious congenital heart defect that prevents normal blood flow through the heart. He underwent surgery shortly after his birth.

Per the report, West has argued that she wants to ensure the baby continues receiving lifesaving medical care. Gilkar and Ahmed have denied claims that they would withhold necessary treatment from their son.

Attorneys for the couple urged the Supreme Court not to intervene, arguing that changing who has authority over the child’s medical decisions could create more problems while he remains seriously ill.

“Such chaos would be devastating for Respondents and, most importantly, their child,” the couple told the Supreme Court, per the Associated Press.

As Globe previously reported, West traveled from Alaska to Texas to give birth after refusing Gilkar and Ahmed’s request to terminate the pregnancy following the baby’s diagnosis. She later challenged a California ruling recognizing the couple as the child’s legal parents.

A Texas judge dismissed West from the case on September 2 after recognizing the California judgment, per People. West then turned to the Supreme Court and sought an emergency stay, arguing that she feared the baby could be moved from the Dallas hospital where he was receiving treatment.

Gilkar and Ahmed’s attorney, Lee Budner, previously defended the couple’s handling of their son’s medical care in a statement per TMZ.

“While McKenna West has been conducting a publicity tour, Rumi’s parents have been quietly caring for their child and following the recommendations of Rumi’s medical team,” Budner said, per TMZ.

He added that West’s Supreme Court request “would only create confusion over medical decision-making authority and jeopardize the providers’ ability to rely on the parents’ consent to Rumi’s treatment.”

West’s Supreme Court bid drew support from Republican officeholders and anti-abortion groups, according to the Associated Press. Gilkar and Ahmed maintained that West’s concerns about their son’s future medical care were unfounded.

The Supreme Court’s decision leaves the California order recognizing Gilkar and Ahmed as the child’s parents in place, per the report.