The US Supreme Court on Tuesday declined to halt a judicial ruling declaring a California couple the legal parents of an infant born to their surrogate. The surrogate, McKenna West, had refused the couple's request to terminate the pregnancy after a severe cardiac defect was diagnosed in the fetus. She subsequently sought a role in the child's medical care decisions.
The Supreme Court's denial allows a California court's parentage ruling to stand, impacting surrogacy agreements and parental rights in cases involving medical decisions for a child born via surrogate.
The US Supreme Court on Tuesday declined to halt a judicial ruling that declared a California couple the legal parents of an infant born to their surrogate. The surrogate, McKenna West, had refused the couple's request to terminate the pregnancy after the fetus was diagnosed with a severe cardiac defect and later sought a role in decisions affecting the boy's medical care.
Justice Elena Kagan, who handles emergency cases from California, issued the order denying West's request to block the ruling while she appeals to the Supreme Court. No rationale was provided for the denial.
West refused the couple's request to terminate the pregnancy and gave birth to the baby on August 12 in Dallas. The couple, Nausheen Gilkar and Omar Ahmed, subsequently sued West for breach of their surrogacy agreement. West challenged California's authority to declare the couple the child's legal parents and had sought custody and a role in his medical care decisions.
A California trial court had ruled in June that Gilkar and Ahmed were the legal parents, rejecting West's contention that the court lacked jurisdiction. State appellate courts declined to stay that decision, prompting West's request to the Supreme Court. West's lawyers argued that the California ruling was being enforced in Texas, leaving her without authority over the child's medical care decisions. Republican Texas Attorney General Ken Paxton had backed West at an earlier stage of the case.
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