A custody dispute has emerged involving a California couple’s surrogate who gave birth to a child with a serious heart defect. The surrogate, McKenna West, has requested the U.S. Supreme Court to intervene after legal proceedings in Texas and California.
Surrogate’s Appeal
McKenna West, a nurse from Alaska, traveled to Dallas, Texas, to deliver the child in August. Texas bans most abortions, but West proceeded despite the intended parents’ request for an abortion at 23 weeks due to the discovered heart defect. The child, referred to by West as Gabriel and by the couple as Rumi, was born on August 12 suffering from hypoplastic left heart syndrome. This condition restricts normal blood flow, posing life-threatening risks.
Intervention by Authorities
Prior to the child’s birth, Texas Attorney General Ken Paxton’s office intervened, issuing an emergency court order to provide necessary medical care for the boy. West’s interaction with an anti-abortion rights group highlighted her concerns about feeling powerless to make medical decisions for the newborn.
Legal Complexities
Surrogacy laws vary across states, leading to interpretative challenges. The Supreme Court has the discretion to choose whether to hear this case. As of now, Omar Ahmed and Nausheen Gilkar, the couple, have not publicly responded to the appeal.
Restraining Order
A Texas court issued a restraining order preventing West from seeing or holding the child, affirming Ahmed and Gilkar’s responsibility for medical decisions. During a hearing in Dallas, Gilkar accused West of being mentally unstable and of withdrawing access to the child’s medical records. West acknowledged this claim.
Arguments from Both Sides
West’s attorneys argue that the couple might not ensure the child receives necessary surgical care. The odds of emergency relief from the Supreme Court are generally low according to Marla Neufeld, an attorney experienced in surrogacy but not directly involved in this case.
Continued Dispute
West’s filing with the Supreme Court asserts she lost her attempt to obtain conservatorship in Texas. She seeks recognition as the child’s mother under Texas law. West believes the couple intends to opt for hospice care in California over life-saving surgeries, although this claim remains unresolved.
Medical Prognosis
The condition, hypoplastic left heart syndrome, can result in death without treatment within days or weeks. While surgical repairs are not cures, the child will require further operations or possibly a heart transplant, according to medical experts.
The Cleveland Clinic indicates a second surgery is necessary between 4 to 6 months of age, with a third procedure required between 18 months and 4 years old. The couple reportedly will not share updates on the child’s health with West.