A California couple will maintain custody over the biological child they had through a surrogate in Texas after U.S. Supreme Court Justice Elena Kagan on Tuesday rejected a request to intervene in the high-profile case.
Kagan’s order did not explain why she rejected surrogate McKenna West’s request. The Alaskan nurse had sought conservatorship over the child, which would have given her a say in the child’s medical treatment, and wanted Kagan to block a lower-court ruling in the couple’s favor. Kagan oversees emergency court requests from California, where the couple’s custody battle with West originated.
