Last updated on September 12th, 2026 at 07:41 am
Surrogate mother McKenna West has filed an emergency appeal with the U.S. Supreme Court, seeking to remain involved in decisions over the care of the baby she carried after refusing the intended parents’ request for an abortion.
The baby, whom West calls Gabriel and the intended parents call Rumi, was diagnosed before birth with hypoplastic left heart syndrome (HLHS), a serious but treatable heart condition requiring multiple surgeries. West refused to abort the child and later traveled to Texas, where specialists could provide treatment.
A California court ruled that West has no legal or physical custody rights, and a Texas court subsequently removed her from proceedings concerning the child’s medical care.
West’s attorneys argue that the ruling leaves no one in the case specifically defending the Texas order requiring continued treatment. They fear the intended parents could move the baby to California and choose hospice care rather than further surgery.
The baby has already undergone the first of three major surgeries.
West is asking the Supreme Court to temporarily block the California ruling while her legal challenge proceeds. She says she is not seeking custody simply to take the child from his biological parents, but wants to ensure he continues receiving potentially life-saving treatment.
Justice Elena Kagan, who is handling the emergency application, has ordered the intended parents to respond by September 18. Two pro-life medical organizations have also filed a brief supporting West’s request.
The case could have broader implications for surrogacy law, parental rights, and disputes over medical treatment for children born with serious disabilities.
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