The biological parents of a baby born through surrogacy will retain custody after the U.S. Supreme Court declined to intervene in an unusual case involving abortion, parental rights and medical care.
Supreme Court Justice Elena Kagan on Tuesday rejected an emergency request from surrogate McKenna West seeking to intervene in a custody dispute involving a baby she carried for a California couple.
West, an Alaska nurse, had been hired by Nausheen Gilkar and Omar Ahmed to carry their biological child. During the pregnancy, the baby was diagnosed with hypoplastic left heart syndrome, a serious congenital heart condition requiring extensive medical treatment.
The biological parents asked West to terminate the pregnancy following the diagnosis. West refused, moved to Texas and later sought conservatorship over the child, saying she was concerned about whether the parents would pursue lifesaving treatment.
West gave birth in Dallas on Aug. 12. Courts in both California and Texas rejected her custody claims. Court filings reported by The Texas Tribune indicate the biological parents have agreed to the medical treatment recommended by their child’s doctors.
Kagan denied West’s emergency application without explaining the decision.
An attorney for the biological parents said the ruling allows them to continue securing medical care for their son. West’s attorney said her legal effort helped ensure that the parents publicly committed to continuing that care.
The dispute has brought questions surrounding surrogacy contracts, abortion decisions, biological parenthood and authority over a child’s medical care into national focus.
