McKenna West, an Alaska cardiac nurse who carried a baby diagnosed with a severe heart defect, has asked the U.S. Supreme Court to intervene in a custody dispute. West says she refused a request to terminate the pregnancy and later traveled to Texas, where the baby was born and received specialized treatment. Her emergency application asks Justice Elena Kagan to temporarily block a California ruling recognizing the intended parents as the newborn’s legal parents. The application does not ask the Supreme Court to decide final custody or order specific medical treatment.
| 1) | The Supreme Court emergency request |
| 2) | The pregnancy and heart diagnosis |
| 3) | The California jurisdiction dispute |
| 4) | The newborn’s treatment in Texas |
| 5) | What the requested intervention could change |
The Supreme Court emergency request
Attorneys for McKenna West filed an emergency application with Justice Elena Kagan, who handles emergency matters from the Ninth Circuit, including California. West seeks a temporary block of a Los Angeles court ruling that declared Nausheen Gilkar and Omar Ahmed the baby’s legal parents. Justice Kagan had not ruled when the report was published.
West’s attorneys argue that the California decision has prevented her from receiving information about the newborn or participating in proceedings concerning his care. They say a temporary pause would not determine parentage or instruct doctors, but could give West an opportunity to seek reinstatement in the Texas case while the broader appeal continues.
The pregnancy and heart diagnosis
West carried the pregnancy under a surrogacy agreement with the California couple. A 20-week ultrasound detected hypoplastic left heart syndrome, or HLHS, a rare condition in which the left side of the heart is severely underdeveloped. West alleges that the intended parents asked her to terminate the pregnancy under a contract provision addressing serious fetal abnormalities.
According to her court filing, West refused after learning that treatment was available and feeling the baby move. She offered either to raise the child or arrange an adoption, while allowing the couple to end their financial obligations. Her attorneys allege she was warned that continuing the pregnancy could expose her to more than $250,000 in penalties.
The California jurisdiction dispute
The intended parents went to a California court to establish their legal rights after West declined to terminate the pregnancy. West argued that the dispute belonged in Alaska under the surrogacy agreement and said her participation in California was limited to challenging the court’s authority.
The Los Angeles Superior Court concluded that West had effectively consented to its jurisdiction after filing a 147-page submission. Her attorneys responded that most of the filing consisted of exhibits supporting the jurisdictional challenge and that she had repeatedly declined to litigate custody. West also says she was not properly served because court papers were delivered by FedEx to her babysitter, who allegedly was not told what the package contained. The California court recognized the intended parents as legal parents on June 22, and three state courts declined to halt that ruling.
The newborn’s treatment in Texas
West traveled to Texas so the baby could be delivered at a hospital equipped to treat HLHS. Before the Aug. 12 birth, Texas Attorney General Ken Paxton obtained an emergency order requiring the hospital to provide life-saving care and preventing the child from being removed from the state.
West has said she had approximately one minute with the newborn before he was taken for medical care, and a later order barred her from seeing or holding him. The baby underwent the first of three anticipated open-heart surgeries on Aug. 17. Court filings said his condition later deteriorated, requiring a return to a breathing tube. During a Dallas hearing, Nausheen Gilkar said she and Omar Ahmed had remained at the baby’s bedside and described him as their child. She also said he was suffering and required a blood transfusion after surgery.
What the requested intervention could change
On Sept. 2, a Texas judge upheld the California ruling and removed West from the Texas case. The Texas attorney general has since stepped away from the legal fight. West’s attorneys say the intended parents are challenging an order requiring continued medical treatment, although the couple previously agreed to the first surgery and said they would authorize life-saving care if doctors determined it was appropriate.
West has said she would abandon her custody effort if a court determined that the intended parents were committed to providing necessary care. Her Supreme Court application instead focuses on whether a person can be treated as accepting a court’s authority merely by contesting that authority. The filing warns that relief delivered after the appeals process could come too late for the medically fragile child.
| 1 | West is asking the Supreme Court to temporarily block the California parentage ruling. |
| 2 | The baby was diagnosed before birth with hypoplastic left heart syndrome. |
| 3 | A California court recognized the intended parents as legal parents on June 22. |
| 4 | The newborn was delivered in Texas and underwent heart surgery on Aug. 17. |
| 5 | The requested stay could allow West to seek participation in the Texas proceedings. |
Summary
The dispute combines questions about surrogacy agreements, interstate jurisdiction, legal parentage and medical decision-making for a critically ill newborn. The Supreme Court’s response could determine whether West has a route back into the Texas proceedings, but it would not by itself resolve custody or dictate the child’s treatment.
Frequently Asked Questions
What is McKenna West asking the Supreme Court to do?
She is asking the court to temporarily block the California ruling recognizing the intended parents as the baby’s legal parents, potentially allowing her to seek participation in the Texas case.
What condition does the baby have?
The baby was born with hypoplastic left heart syndrome, a rare condition involving severe underdevelopment of the left side of the heart.
Has the Supreme Court decided the case?
No. Justice Elena Kagan had not ruled on West’s emergency application when the report was published.
Would a temporary block decide custody?
No. West’s attorneys say the requested relief would not determine legal parentage or order a particular course of medical treatment.