Supreme Court stays out of custody battle between California couple and surrogate

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The U.S. Supreme Court has declined to intervene in a custody dispute over a five-week-old child who was born in Texas after a surrogate refused a California couple's wishes to have an abortion.

Justice Elena Kagan, who handles appeals of cases out of California, denied the request from McKenna West, who was seeking conservatorship over a baby boy she gave birth to in Dallas.

The brief order did not detail the legal reasoning, as is typical in emergency appeals.

West had previously been rejected by other courts in her efforts to have a say in the treatment of the child, who was born with a life-threatening heart condition.

She gave birth to the boy in Dallas, where most abortions are banned, after she refused the couple's wishes to end the pregnancy.

West had asked the Supreme 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.

Lawyers for the couple had urged the court to reject the request, questioning what an intervention would do for medical decision-making at an already chaotic time. They also accused West of overstating the prognosis for children born with the heart condition.

“Such chaos would be devastating for Respondents and, most importantly, their child,” the couple told the court.

The legal battle over surrogacy and abortion has attracted the attention and support of Republican officeholders and anti-abortion groups. West has said she believes the couple will not provide life-saving care, citing their request for an abortion at 23 weeks. Gilkar and Ahmed have denied those claims.

The boy was born August 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 had been in critical condition and appeared to be “suffering from potential complications.”

Without treatment, children affected by the heart defect can die within days or weeks. Surgical repairs are not necessarily cures, and additional surgeries or heart transplants may be needed, according to the CDC.