McKenna West appeals to U.S. Supreme Court in surrogacy custody battle

McKenna West has filed an emergency appeal with the U.S. Supreme Court regarding a custody dispute over a baby she carried via surrogacy. West was contracted by California residents Ahmed and Nausheen Gilkar to gestate a child, but the couple requested she undergo an abortion after a 20-week ultrasound revealed the fetus had a severe heart defect.

West declined the request and traveled to Texas, where abortion access is highly restricted, to give birth. The infant was born with hypoplastic left heart syndrome, an incurable condition requiring multiple surgeries. Following the birth, Texas Attorney General Ken Paxton intervened to secure an emergency court order ensuring the infant received medical care.

West is seeking to overturn a previous ruling that granted parental rights to the Gilkars. She argues that the biological parents should not have custody due to concerns that their previous request for an abortion indicates they may not provide the necessary medical attention for the child's condition. The Gilkars have expressed their commitment to the child, stating, “It is our son (and) the love of our lives.”