US surrogate mother appeals to Supreme Court in custody dispute
In the United States, surrogate mother McKenna West has filed an emergency appeal with the Supreme Court, seeking to suspend a California court ruling that granted parental rights to spouses Omar Ahmed and Naushin Gilkar. The dispute concerns custody of a boy whom West gave birth to after refusing to terminate the pregnancy at the couple’s request.
As MyJoyOnline reports, Ahmed and Gilkar asked West to have an abortion after a 20-week pregnancy scan detected a severe heart defect in the fetus. West traveled to Texas, where nearly all abortions are banned, and gave birth to the child.
The child’s health condition
The boy was diagnosed with hypoplastic left heart syndrome, a condition in which the left side of the heart cannot pump enough blood to the body. According to the US Centers for Disease Control and Prevention, the condition often requires several surgeries that are not a complete cure, and children may experience lifelong complications.
After West moved to Texas, state Attorney General Ken Paxton intervened in the case and secured an emergency court order under which the boy was to receive medical care in Texas. Shortly after birth, the child underwent surgery.
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The parties’ positions
According to a filing with the Supreme Court, West refused an abortion after learning about possible treatment options and wanting to save “this precious child.” She argues that custody should not be transferred to the biological parents because she fears the boy will not receive the necessary medical care due to their previous request to terminate the pregnancy.
At an earlier court hearing, Gilkar called the child, whom the couple named Rumi, “our baby” and “the love of our lives,” Associated Press reported. The spouses said that West went to Texas without informing them and blocked their access to medical information. A California court had previously granted Ahmed and Gilkar parental rights, while a Texas court barred West from seeing the child.
Last month, the couple’s lawyer said that the boy was in critical condition and likely had complications. West said that without Supreme Court intervention, she would no longer have access to information about the child’s health. Her lawyers also suggested in the filing that the couple may place the boy in hospice care.
