US Supreme Court Rejects Surrogate’s Plea to Influence Care of Baby Born With Life-Threatening Heart Condition
A California couple has been left as the legal parents of a five-week-old baby born with a life-threatening heart condition, after the U.S. Supreme Court refused to step in to resolve a custody battle.
On Tuesday, Justice Elena Kagan denied an emergency motion filed by McKenna West, an Alaska nurse who acted as a surrogate for Omar Ahmed and Nausheen Gilkar. The short ruling did not provide any reasoning.
The conflict started when an ultrasound revealed hypoplastic left heart syndrome, a serious condition in which the left side of the heart is underdeveloped. Ahmed and Gilkar wanted to end the pregnancy, but West did not agree and eventually went to Texas where she gave birth to the baby on August 12.
The baby, whom his biological parents named Rumi and West calls Gabriel, underwent heart surgery shortly after birth. Medical advice cited by the courts says that children with the condition could need multiple surgeries or a heart transplant.
West said she should be involved in decisions about how the baby is treated because she was afraid he might be transferred to California for hospice care. Ahmed and Gilkar have denied that they refused medical treatment and are making sure their son gets the treatment he needs.
The ruling does not overturn the California court’s finding that Ahmed and Gilkar are the baby’s legal parents. A Texas Supreme Court ruling last week also cleared the way for Rumi to be transferred to California for specialised treatment.
