Surrogate who refused to abort baby has custody request rejected by US Supreme Court
McKenna West, the surrogate who refused to terminate a pregnancy after the unborn baby was diagnosed with a serious heart condition, has spent weeks fighting the child's biological parents over who should have custody — and has just been dealt a new blow.
The Alaska nurse had agreed to carry a baby for California couple Nausheen Gilkar and Omar Ahmed, but the relationship between the three broke down after doctors discovered the baby had hypoplastic left heart syndrome (HLHS).
Gilkar and Ahmed decided to terminate the pregnancy following consultations with medical professionals, while West refused and later travelled to Texas, where abortion is banned in almost all circumstances.
The dispute eventually reached America's highest court, but West has now had her request for the US Supreme Court to intervene rejected.
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Justice Elena Kagan declined West's emergency appeal for the court to review a California court's decision awarding custody of the child to Gilkar and Ahmed.
Gilkar and Ahmed's attorney Adam Wolf told TMZ: "We are grateful that Rumi can continue receiving the treatment he needs to survive, and that he will not be stripped away from his parents, who are ensuring their child receives top-notch medical care."
He continued: "Ms. West’s legal filings across three states, numerous courts of appeals, and now the U.S. Supreme Court have sought to undermine Rumi’s parents’ right to provide him with the care he needs. Those efforts have been rejected by every single court."
The couple call their son Rumi, while West has continued referring to him as Gabriel.
The Supreme Court setback follows another major ruling last week, in which the Texas Supreme Court permitted Rumi to be transferred from Texas to a hospital in Los Angeles, something West had tried to block.
In making that decision, the court said ‘sustaining the life of the medically fragile child is the paramount concern in this time-sensitive matter.’
"I’m not fighting to try to take someone else’s baby"
West gave birth in Texas on August 12, two weeks before her due date, with the baby immediately requiring specialist treatment for HLHS. He has since undergone major heart surgery while the legal battle surrounding his custody and medical care has continued across several states.
West previously explained that she chose to continue the pregnancy because she believed the child could survive if given treatment.
Previously speaking as to why she didn’t want to terminate the pregnancy, she said: “I knew that I didn't want to have to go through [an abortion]. I didn't want for this baby - for his life to be cut short.”
She had also written about the custody dispute, saying: "I’m not fighting to try to take someone else’s baby. I’m fighting because this baby boy needs someone willing to advocate for and fight alongside him as he gets the ongoing treatment his fragile heart requires. And it turns out that someone is me."
Gilkar and Ahmed, however, have repeatedly denied claims they intended to prevent their son from receiving medical treatment and maintain that they want to care for him.
How long do babies with HLHS live and what does life look like?
According to the CDC, HLHS affects 1 in 3,846 babies born in the United States.
It occurs when the left side of the heart does not form correctly during pregnancy.
New York Presbyterian Hospital explains that babies must undergo a series of three operations within the first few days and weeks of their life to have the best chance of survival.
It adds: "Most children reach adulthood but will require additional catheter or surgical procedures, such as a pacemaker for abnormal heartbeats, in the future. Others may eventually require a heart transplant."
With surgery, the survival rate to age five is 72 percent. Children who live that long have a 90 percent chance of living to the age of 18. The oldest person with HLHS is in their 30s.
Topics: US News
Ben Williams