The U.S. Supreme Court declined Tuesday to intervene in a high-profile surrogacy dispute, allowing a California couple to retain full legal parentage of their infant son born to a surrogate who refused their request for an abortion.
Justice Elena Kagan, who handles emergency matters from California, issued the order without explanation or noted dissent. The decision leaves in place a lower court ruling that recognized Omar Ahmed and Nausheen Gilkar as the boy's legal parents.
McKenna West, an Alaska nurse hired as the surrogate, had asked the justices to block the California ruling while she pursued further appeals. She sought a role in medical decisions for the child, whom she named Gabriel. The couple calls him Rumi.
The case stems from a surrogacy agreement signed last year that included a provision allowing termination in cases of fetal abnormality. An ultrasound revealed the fetus had hypoplastic left heart syndrome, a severe condition requiring multiple surgeries. The parents requested an abortion, but West refused and traveled to Texas, where she gave birth on August 12.
The baby underwent open-heart surgery and remains in a Dallas pediatric intensive care unit. The California court previously declared the couple the legal parents after they sued West for breach of contract.
West had challenged California's authority to award parentage and argued she should retain involvement in the child's care. The Supreme Court's action preserves the intended parents' rights under the surrogacy arrangement.
The dispute has drawn attention to the enforceability of surrogacy contracts and parental rights in cases involving fetal diagnoses. The couple's attorneys have stated they are ensuring the child receives necessary medical treatment.
Comments
No comments yet. Be the first to share your thoughts.