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

Paul Barringer, the Democratic nominee running for North Carolina's 13th Congressional District, sp...

Associated Press

This US House district was once a political battleground. Now it shows why Congress is dysfunctional

RALEIGH, N.C. (AP) — In 2022, Democrat Wiley Nickel ran as a moderate and narrowly won North Carolina’s 13th Congressional District by about 9,000 votes. Two years later, the current congressman, Republican Brad Knott, ran as a conservative and coasted into the U.S. House by more than 70,000 votes. Voters didn’t change their minds. Politicians […]

19 minutes ago

A shopper walks by a Halloween candy display at a Giant grocery store, Thursday, Oct. 22, 2026, in ...

Associated Press

Halloween candy sales are off to a slow start amid high chocolate prices and affordability concerns

Halloween candy sales are off to a slow start this year as U.S. consumers grapple with high living costs and eye-popping chocolate prices. Halloween candy sales fell 6.7% in the month ending Oct. 17 compared to the same period last year, according to NielsenIQ, a market research firm. Nielsen also noted an 11.7% decline in […]

1 hour ago

FILE - A fan attends the performance by American singer Jon Batiste at the Rock in Rio music festiv...

Associated Press

Cracking a smile regularly may be good not just for your mood but for your health

Reminding yourself to smile often can not only make more friendships but it can also make you feel better. And rather than wait for a reason to smile, just making the physical change of literally turning that frown upside down could impact emotions, according to experts. Research backs up the fact that smiling goes a […]

2 hours ago

FILE - A rainbow arches over a Honolulu Skyline train at sunset, Sept. 19, 2024, in Honolulu. (AP P...

Associated Press

Some US transit systems weigh whether to run trains without a human at the controls

Slotted for 7 a.m. EDT Saturday, 10/24. Even as automated vehicles such as robotaxis grow more prevalent in the U.S., almost every mass transit system still requires a driver or operator on board. Two major cities are seeking to change that. Officials in Washington, D.C., recently advanced a plan that could let computers fully control […]

2 hours ago

FILE - This photo combination shows Rep. Kat Cammack, R.-Fla., left, April 9, 2021, in Doral, Fla. ...

Associated Press

Sexual harassment rules for Congress are under review after a flurry of ethics cases

WASHINGTON (AP) — When Rep. Kat Cammack began work on a task force this spring to combat sexual misconduct on Capitol Hill, the Florida Republican soon heard from former staffers who wanted to share their stories. They “came out of the woodwork” she said, and had stayed silent because it was well established that coming […]

2 hours ago

Paul Barringer, the Democratic nominee running for North Carolina's 13th Congressional District, po...

Associated Press

This US House district was once a political battleground. Now it shows why Congress is dysfunctional

RALEIGH, N.C. (AP) — In 2022, Democrat Wiley Nickel ran as a moderate and narrowly won North Carolina’s 13th Congressional District by about 9,000 votes. Two years later, the current congressman, Republican Brad Knott, ran as a conservative and coasted into the U.S. House by more than 70,000 votes. Voters didn’t change their minds. Politicians […]

3 hours ago

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