NATIONAL NEWS

Surrogate asks the Supreme Court to intervene over care for a sick baby

Sep 10, 2026, 11:51 AM

McKenna West, left, arrives with her legal team for a court hearing in Dallas, Tuesday, Aug. 25, 20...

McKenna West, left, arrives with her legal team for a court hearing in Dallas, Tuesday, Aug. 25, 2026. (AP Photo/LM Otero)
Credit: AP Photo/LM Otero

(AP Photo/LM Otero)

A California couple’s surrogate who refused their wishes to have an abortion has asked the U.S. Supreme Court to intervene in a custody dispute over the 4-week-old child who was born with a serious heart defect.

McKenna West filed the emergency order Wednesday, widening a legal battle over surrogacy and abortion that has won the support of Republican officeholders and anti-abortion groups. West, who lives in Alaska, traveled to Dallas to give birth in August. Most abortions are banned in Texas.

West is asking the nation’s highest court to halt a California court order that recognizes Omar Ahmed and Nausheen Gilkar as the parents of the child whom she calls Gabriel and they call Rumi. West wants final custody or conservatorship because she believes the couple will not provide life-saving care, citing their request for an abortion at 23 weeks.

The boy was born Aug. 12 with hypoplastic left heart syndrome, a life-threatening condition that prevents normal blood flow to the organ. He underwent surgery soon after he was born. The couple’s attorney said in August that the newborn was in critical condition and appeared to be “suffering from potential complications.”

Surrogacy is not regulated on a federal level. Each state has its own laws, which can leave room for gaps in interpretation. The Supreme Court is not obliged to hear the case.

West is barred from any contact with the baby

Ahmed and Gilkar have not responded to the Supreme Court filing and attorneys for the couple did not respond to phone or email requests for comment. They have previously said West violated the surrogacy contract, and obtained a restraining order preventing West from seeing or holding the child.

Gilkar called West unstable during a hearing Aug. 25 in Dallas, telling the court she was trying to take their baby away.

“He’s our child,” Gilkar said, wiping away tears.

West and her attorneys argue Gilkar and Ahmed are not committed to guaranteeing the baby will undergo surgeries or “life-saving care.”

Both sides were publicly silent after the hearing last month and the case file was sealed, but West’s Supreme Court filing says she lost her plea in Texas to win conservatorship of the child.

The Texas court granted full credit to the California judgment on Sept. 2, according to the filing.

West believes the baby’s life is in danger

“The stakes of the decisions below are enormous,” the document says, adding that West should be recognized as the mother under Texas law. “But because of the unlawful California judgment, she has been dismissed with prejudice from the Texas proceedings and denied any information about or control over the medically fragile child.”

West believes Ahmed and Gilkar plan to put the baby into hospice care in California rather than let him undergo surgery that could save his life, according to the filing.

Without treatment, hypoplastic left heart syndrome can lead to death within days or weeks. Surgical repairs are not necessarily cures and additional surgeries or heart transplants may be needed, according to the federal Centers for Disease Control and Prevention.

The couple has said they will not provide any updates to West about the child’s condition, the filing states.

___

Wilder is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

National News

Temporary fencing is seen at East Potomac Park, Saturday, Nov. 14, 2026, in Washington. (AP Photo/T...

Associated Press

Judge temporarily blocks Trump from moving ahead on Washington public golf course redevelopment

WASHINGTON (AP) — A federal judge on Saturday ordered a temporary stop to any work at a historic Washington public golf course not far from the White House, blocking for now President Donald Trump’s push to redevelop the site along the Potomac River into a championship-level venue. U.S. District Judge Ana Reyes issued the temporary […]

9 hours ago

FILE - Richard Sterban of The Oak Ridge Boys performs during the All for the Hall concert, April 10...

Associated Press

Richard Sterban, member of the celebrated country and gospel group The Oak Ridge Boys, dies at 83

Richard Sterban, the bass vocalist of the Grammy-award winning gospel quartet The Oak Ridge Boys and a country music hall of famer, died Saturday, his family and the band said in a statement. He was 83. Sterban, who had been with the band since 1972, died in Hendersonville, Tennessee, due to complications from bronchitis and […]

9 hours ago

SpaceX's mega rocket Starship lifts off for a test flight from Starbase, Texas, Friday, Nov. 13, 20...

Associated Press

SpaceX’s Starship returns from orbit and is captured by launch pad arms in a dramatic first

CAPE CANAVERAL, Fla. (AP) — SpaceX’s Starship made a triumphant return to Earth on Saturday, caught in midair by giant mechanical arms where its journey began 22 hours earlier. It was the grand finale that Elon Musk and his team hoped for — the first-ever capture of a Starship flying back from space. But with […]

13 hours ago

Associated Press

New Orleans port sues to get control of tanker that crashed into cruise ship on Mississippi River

Just hours after a tanker in New Orleans lost its steering and slammed into a docked river cruise boat, the city’s port sued to make sure federal investigators can seize the vessel that is owned by a subsidiary of a Chinese company. All 197 passengers and crew on the American Heritage cruise ship survived Friday […]

15 hours ago

The control tower is seen at Washington Dulles International Airport after the Federal Aviation Adm...

Associated Press

Why a problem on the ground can affect flights thousands of miles away among other issues

Regional U.S. air traffic control centers communicate using a complex network that’s “one of the largest telecommunications systems in the country,” and disruptions like those seen on Friday with an hourslong, nationwide grounding of flights can reverberate widely, according to an aviation expert. Michael McCormick, a former airspace manager with the Federal Aviation Administration, said […]

15 hours ago

Aircraft are seen at Hartsfield-Jackson Atlanta International airport, Friday, Nov. 13, 2026, in At...

Associated Press

US sports scramble back to normal after FAA ground stop upends team travel

Major sporting events slowly returned to normal Saturday after the Federal Aviation Administration grounded all flights nationwide for several hours a day earlier, disrupting travel plans for professional and college teams across the country. Most college football teams playing Saturday travel the day before kickoff, and a number of games were delayed by hours to […]

16 hours ago

Surrogate asks the Supreme Court to intervene over care for a sick baby