Surrogate McKenna West Escalating Custody Dispute to Supreme Court After Baby’s Birth

McKenna West, the surrogate who refused a California couple’s request to abort their baby after he was diagnosed with a heart condition in utero, is now trying to escalate her custody dispute to the Supreme Court.

West’s lawyer previously said she’d go to the Supreme Court if need be, and People reported on Friday, September 11, that West, 28, is taking action.

According to the publication, West’s legal team filed an emergency appeal on Wednesday, September 9, requesting the Supreme Court stop a California court order recognizing Nausheen Gilkar and Omar Ahmed as the parents of the child, whom they’ve named Rumi.

West is still fighting for the baby — whom she calls Gabriel — but according to People, she was dismissed from the custody case on September 2.

Documents from the Texas court case are reportedly sealed from the public.

As Globe previously reported, West learned around 20 weeks into her pregnancy that the fetus had hypoplastic left heart syndrome, a congenital heart condition.

Gilkar and Ahmed pushed for an abortion following the diagnosis, but West refused and instead traveled to Texas to seek treatment for the baby, who was born on August 12.

The intended parents were granted physical custody of the newborn, and a lawyer representing the couple said the baby underwent the Norwood procedure (a heart surgery) in August.

West wants custody of the baby to make sure he receives the proper care needed. However, she believes Gilkar and Ahmed plan to put the baby into hospice care instead of moving forward with the surgeries, according to a filing obtained by People.

West’s lawyers reportedly wrote in her appeal that the “stakes of the decisions” are “enormous.” As of publication, it appears the Supreme Court has yet to respond.

The current health status of the baby is unclear. TMZ reported on August 25 that Gilkar and Ahmed stated in court documents, “The child is in critical condition and being closely monitored at the hospital.”

According to Gilkar and Ahmed, Rumi is “suffering from potential complications from the Norwood.”