The Aporia · Surrogate who refused abortion asks SCOTUS to intervene as baby could be moved out of Texas

McKenna West, an Alaska resident who refused to abort the fetus despite a serious heart condition diagnosis, has filed an updated brief with the U.S. Supreme Court asking for intervention against California courts' rulings. She argues these decisions violate her federal due process rights and fear the baby could be moved out of Texas, where specialized medical care is needed. West’s legal team from Alliance Defending Freedom seeks a stay on Tuesday to prevent enforcement of a California court judgment that declared the commissioning couple as the child's legal parents while denying West custody claims.

Written by AI on 2026-09-15, from this article's own text only (the story summary below draws on all the coverage).

Story summary

McKenna West, a 28-year-old Alaska resident and surrogate mother, has filed an urgent appeal to the U.S. Supreme Court to prevent a newborn from being moved out of Texas by his biological parents, Omar Ahmed and Nausheen Gilkar of California. After refusing their request for an abortion due to the baby's diagnosis with hypoplastic left heart syndrome (HLHS), West seeks to maintain control over medical decisions for the infant. The case involves complex jurisdictional issues, with West arguing that without a stay, the baby could be moved to California, potentially affecting his medical care and her ability to participate in decisions about it. Ahmed and Gilkar counter by accusing West of fabricating an emergency and engaging in a publicity tour that could jeopardize their son's health. The legal battle highlights tensions over surrogacy rights and child custody when serious health conditions are involved.

Written for “Surrogate Baby Custody Dispute” on 2026-10-31, grounded in this article and the 2 other(s) covering the same event.

📰 Surrogate Baby Custody Dispute

Other · 3 article(s) covering the same event. See how they differ ↓

This article reads leans right and hedges 33% of its claims. Each row says how that neighbour differs.

Surrogate who refused to have abortion at wishes of biological parents files frantic last-minute appeal to BLOCK them moving newborn out of Texas Same event

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⚖️ Leans left further left than this Hedges 4 of 38 claims Outlet record 68/100

Parents launch astonishing new attack on surrogate who refused their request to abort baby over heart defect and who now wants custody of him Same event

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⚖️ Leans right Hedges 6 of 44 claims Outlet record 68/100

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🔮 It also argues that without a stay, the baby could be moved to California for hospice care while West remains unable to participate in decisions about the child's medical treatment.

2026-09-15 · mixed framing · Surrogate who refused abortion asks SCOTUS to intervene as baby could be moved out of Texas

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🔮 It also argues that without a stay, the baby could be moved to California for hospice care while West remains unable to participate in decisions about the child's medical treatment.

2026-09-15 · mixed framing · Surrogate who refused abortion asks SCOTUS to intervene as baby could be moved out of Texas

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McKenna West, an Alaska resident, and a California couple referred to as the commissioning parties, have been involved in a legal battle after she refused their request to terminate the pregnancy after a diagnosis of a serious heart condition, hypoplastic left heart syndrome (HLHS).

framing: mixed · carried by 1 article(s) · first seen 2026-09-15

🔮 It also argues that without a stay, the baby could be moved to California for hospice care while West remains unable to participate in decisions about the child's medical treatment.

2026-09-15 · Fox News

Surrogate who refused abortion asks SCOTUS to intervene as baby could be moved out of Texas · mixed framing

The surrogate who refused an abortion sought by the biological parents has filed an updated brief with the U.S. Supreme Court following an emergency application she filed with the court last week, arguing the case is moving more quickly than expected. asserted

case → refuse → court

she → refer → condition

Represented by attorneys from Alliance Defending Freedom and First & Fourteenth PLLC, West asked Justice Elena Kagan, who handles emergency matters from the Ninth Circuit, for an administrative stay and a stay pending a possible petition for certiorari. asserted

who → represent → certiorari

Her application argues that the California courts violated federal due process by treating her jurisdictional defense as consent. asserted

courts → argue → consent

It also argues that without a stay, the baby could be moved to California for hospice care while West remains unable to participate in decisions about the child's medical treatment. uncertain

West → argue → treatment

But on Monday, the surrogate and her team expressed fears that the baby may be moved out of Texas earlier than she had expected. uncertain

she → express → Texas

She is asking the high court for an administrative stay 1 p.m. Eastern Time on Tuesday. asserted

She → ask → Tuesday

This comes after a California court judgment that declared the commissioning parents the child's legal parents and denied West's custody claims. uncertain

that → come → claims

The commissioning parents have argued in court that California has jurisdiction under the surrogacy agreement and that they are the child's legal parents. asserted

they → commission → agreement

West had refused the commissioning parents' request for an abortion and traveled to Texas, which has abortion restrictions, to give birth, saying she did so to ensure access to specialized medical care. asserted

she → refuse → care

She asked for parentage and protective orders in Alaska and Texas, but the commissioning parents filed a parentage action in the Los Angeles Superior Court, according to Fox 4. uncertain

parents → ask → Fox

West entered a special appearance to contest personal jurisdiction and object to the forum, citing a forum-selection clause that required litigation to be held in Alaska. asserted

litigation → enter → Alaska

But the California trial court ruled that West’s jurisdictional arguments and attached exhibits constituted a general appearance, meaning she had consented to the court’s jurisdiction, the outlet reported. asserted

outlet → rule → jurisdiction

The court then entered an ex parte judgment of parentage in favor of the commissioning parents. asserted

court → enter → parents

After the baby was born in Texas on Aug. 12, a Texas court recognized the California ruling naming the commissioning couple as his legal parents and dismissed West from the case with prejudice, meaning she could not refile the same claim in that proceeding. uncertain

she → bear → proceeding

Surrogate who refused abortion asks SCOTUS to intervene as baby could be moved out of Texas

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