Supreme Court stays out of custody dispute between California couple and surrogate

Updated on: September 22, 2026 / 4:48 PM EDT / CBS News

Washington — The Supreme Court on Tuesday declined to intervene in a custody dispute between a California couple and surrogate who gave birth to a child last month with a rare and serious heart defect.

Justice Elena Kagan rejected the emergency appeal from the woman, McKenna West, who had asked the justices to halt a California court order declaring the couple, Omar Ahmed and Nausheen Gilkar, to be the child's parents.

Kagan handles emergency appeals arising from California and other states in the region.

The legal battle involves a surrogacy contract Gilkar and Ahmed entered into with West, which allowed the couple to demand an abortion for a baby diagnosed with a fetal abnormality, according to court filings.

West, who lives in Alaska, became pregnant with a baby boy in December. But in April, a 20-week anatomy scan showed the baby had hypoplastic left heart syndrome, a severe, life-threatening heart defect that prevents normal blood flow through the heart, according to the U.S. Centers for Disease Control and Prevention.

After receiving the diagnosis, Gilkar and Ahmed requested West obtain an abortion, according to court filings. West refused and…

Original source: https://www.cbsnews.com/moneywatch/