WASHINGTON, United States: Alaska nurse McKenna West has filed an emergency appeal with the U.S. Supreme Court in a custody dispute involving a baby she carried as a gestational surrogate.
The dispute began after a 20-week ultrasound showed the fetus had hypoplastic left heart syndrome. Intended parents Omar Ahmed and Nausheen Gilkar then asked West to terminate the pregnancy under provisions of their surrogacy agreement, according to court filings.
West refused and later travelled to Texas, where she gave birth in August. Ahmed and Gilkar allege she made the trip without informing them and restricted their access to information about the pregnancy and medical care.
West has since sought custody of the newborn. She argues that the couple should not receive custody because she fears they may not provide the medical treatment the child requires.
The couple maintains that West breached the surrogacy agreement. A Texas court previously issued a restraining order preventing her from seeing or holding the child and ruled that Ahmed and Gilkar have authority over the baby’s medical decisions.
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Texas Attorney General Ken Paxton also intervened and obtained an emergency order requiring the newborn to receive medical treatment in the state. The baby underwent surgery shortly after birth.
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Hypoplastic left heart syndrome is a serious congenital heart defect affecting the heart’s ability to pump oxygen-rich blood. Children with the condition may require multiple operations or, in some cases, a heart transplant, according to the U.S. Centres for Disease Control and Prevention.
U.S. surrogacy rules vary by state because no single federal law governs the practice. The Supreme Court is not required to accept West’s appeal.
