US Supreme Court Declines to Intervene in Surrogacy Custody Dispute
US Supreme Court Declines to Intervene in Surrogacy Custody Dispute
US · Published Sep 23, 2026
The US Supreme Court has declined to intervene in a custody dispute involving a surrogate, McKenna West, and a California couple, Omar Ahmed and Nausheen Gilkar.
The case centers on a baby boy born with a severe heart defect, hypoplastic left heart syndrome, after West refused the couple's request for an abortion.

Impact & Risks

The decision affects the legal rights of surrogates and intended parents, particularly in cases involving medical complications. It also highlights the complexities of navigating surrogacy agreements across state lines with differing laws on abortion and parental rights. The baby’s health remains a critical concern, as he requires ongoing medical care for his heart condition. The case underscores the potential for legal and ethical conflicts in surrogacy arrangements, which could influence future legislation and court rulings.

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