
Supreme Court Justice Kagan Denies Surrogate’s Emergency Appeal in High-Profile Custody Dispute
Justice Elena Kagan declined to intervene in a multistate custody battle involving a surrogate who refused an abortion after her fetus was diagnosed with a fatal heart defect. The decision leaves in place a California court order granting parental rights to the biological parents, Omar Ahmed and Nausheen Gilkar. The baby, born in Texas in August, has undergone heart surgery and remains in critical condition. The surrogate, McKenna West, argued that the California ruling violated her due process rights and that she was being excluded from the child’s medical care. The biological parents’ attorneys stated that the child’s survival is the priority and that West’s legal efforts have been rejected by lower courts. The case has sparked national debate over surrogacy contracts, abortion access, and parental rights.








