Justice Elena Kagan on Tuesday denied an emergency request from Alaska surrogate McKenna West to pause a California court order recognizing a California couple as the legal parents of a newborn with a serious heart defect, NBC News reported. The one-sentence order did not explain and keeps the Supreme Court out of the case.
The decision leaves medical decisions with the child's genetic parents, Omar Ahmed and Nausheen Gilkar, whom a Los Angeles court declared the boy's legal parents. Both sides now say the priority is the infant's ongoing heart care.