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.
That matters because the child's condition requires a series of operations. He was born August 12 with hypoplastic left heart syndrome, in which the left side of the heart is underdeveloped, and has already had one surgery, with more likely.
A Denial Without Explanation
Kagan handles emergency applications arising from California and other western states. She acted alone and did not refer the request to the full court, so no dissents were noted, CNN reported. It is not clear whether she informally consulted other justices.
West's lawyers had filed the application on September 9, arguing that the California court lacked jurisdiction over her and that a "life hangs in the balance." West also argued that the surrogacy agreement called for legal disputes to be heard in Alaska. The denial, as is typical for such orders, came without explanation, MS NOW's legal blog noted.
West's attorney framed the outcome as a partial win. "While disappointed at the Supreme Court's ruling, McKenna takes great comfort in how these legal proceedings have prompted the contracting parents to say they are committed to provide the baby with the lifesaving care he needs," said Lincoln Davis Wilson, one of her lawyers, in a statement reported by KERA News.
Adam Wolf, a lawyer for Ahmed and Gilkar, said the couple is "truly grateful" that their son can continue receiving the treatment he needs to survive and will not be taken from what doctors have described as the excellent care of his parents, CBS News reported. He said West's filings across multiple jurisdictions had sought to undermine the parents' right to provide that care.
What Changed Since the Texas Ruling
MedicalDaily previously reported on the Dallas ruling that dismissed West from the custody case while her Supreme Court application was pending. At that time, West's filings raised concerns that the child might not receive needed care, claims that had not been independently confirmed.
What is new is that the last emergency avenue West pursued has closed, and both sides now publicly describe continued treatment. The parents' lawyer said the child can keep receiving the care he needs, and West's lawyer said the couple has committed to lifesaving care.
The case began in April, when a 20-week scan found the heart defect and the couple, citing their surrogacy contract, asked West to end the pregnancy, according to court filings. West declined, left Alaska, and gave birth in Texas. West calls the boy Gabriel, and his parents named him Rumi.
The Infant's Care and the Legal Questions Still Open
Hypoplastic left heart syndrome is treated with a series of staged surgeries rather than a single operation. Court filings show doctors recommended three surgeries after birth as the standard treatment. Without treatment, the condition can be fatal within days or weeks, and surgery does not cure it; some children later need more procedures or a heart transplant.
Children with the condition typically need lifelong follow-up with pediatric cardiologists. Many families face long hospital stays, frequent appointments, and careful monitoring for feeding problems or breathing changes between surgeries, which is why stable decision-making authority matters to care teams.
Some legal questions remain. The denial of an emergency stay is not a ruling on the merits, and West's lawyers have not said whether they will pursue further review.
The case has also drawn attention to the patchwork of state surrogacy laws, which differ on parentage, pre-birth orders, and contract terms. The dispute touches Alaska, California, and Texas law as well as the national abortion debate.
For families using or considering surrogacy, the case shows the value of settling in advance which state's law governs, where a parentage order will be obtained, and who makes medical decisions after birth. Anyone with questions about an existing agreement should consult a family law attorney licensed in the governing state. MedicalDaily will report if West seeks further review or if new rulings affect the child's care.
Developing Story Timeline
September 22, 2026: Justice Kagan denied West's emergency application without explanation. Lawyers for both sides issued statements focused on the child's continued care.
September 9, 2026: West's attorneys asked the Supreme Court to pause the California parentage order, arguing the California court lacked jurisdiction.
Early September 2026: A Texas judge dismissed West's claims in the custody case.
August 12, 2026: The child was born in Texas with hypoplastic left heart syndrome. He later underwent his first heart surgery.
Key Questions Answered
What did Justice Kagan decide? She denied the surrogate's emergency request to pause a California order recognizing the genetic parents as the child's legal parents, without explanation.
Who makes medical decisions for the infant now? The genetic parents, Omar Ahmed and Nausheen Gilkar, whom a California court declared the child's legal parents.
Is the child still receiving treatment? Lawyers for both sides said the parents are committed to the lifesaving care he needs.
Is the legal case over? The emergency bid has ended, but a denial of a stay is not a ruling on the merits, and West's lawyers have not said whether they will seek further review.
What is hypoplastic left heart syndrome? A rare birth defect in which the left side of the heart is underdeveloped. It is treated with staged surgeries and requires lifelong care.
What should families considering surrogacy know? Laws vary by state, so agreements should settle governing law, parentage orders, and medical decision-making before embryo transfer.
Published by Medicaldaily.com
