Justice Kagan Declines Emergency Appeal in Surrogacy Custody Battle Over Child with Heart Condition
Justice Elena Kagan has rejected an emergency appeal from McKenna West, a surrogate mother, who sought to overturn a California court order recognizing Omar Ahmed and Nausheen Gilkar as the legal parents of a child born with a serious heart condition. West had refused the biological parents' request for an abortion after the child was diagnosed with hypoplastic left heart syndrome, a life-threatening condition, at 20 weeks. She subsequently traveled to Texas, where the baby was born in August. West, who named the child Gabriel, is attempting to gain custody, arguing that the biological parents, who named the child Rumi, may not provide adequate medical care. However, attorneys for Ahmed and Gilkar have stated their commitment to providing lifelong medical care, and a Texas court has affirmed their responsibility for the child's health decisions. This decision by Justice Kagan, who handles emergency appeals from California and surrounding states, upholds the California court's ruling that the couple are the...