Nationwide — McKenna West, an African American surrogate mother from Anchorage, Alaska, has lost another legal challenge in her custody dispute over the baby boy she gave birth to after the U.S. Supreme Court declined to review the case. The decision leaves Omar Ahmed and Nausheen Gilkar as the child’s legal parents while he continues treatment for a serious heart condition.
Justice Elena Kagan rejected West’s emergency request on September 22, as reported by TMZ. Kagan handles emergency matters from California, where the legal dispute began. The Supreme Court did not provide a reason for the decision. West had asked the court to intervene in an earlier ruling that recognized Ahmed and Gilkar as the child’s legal parents. She also sought the ability to have a role in decisions involving his medical care.
The custody dispute developed during West’s pregnancy after doctors diagnosed the baby with hypoplastic left heart syndrome. The condition affects the development of the left side of the heart and can require extensive medical treatment. West has said the couple wanted her to end the pregnancy after learning about the diagnosis, but she decided to continue it. She later traveled from Alaska to Texas and gave birth to the boy in Dallas on August 12. West subsequently raised concerns about whether he would receive the care she believed he needed.
Ahmed and Gilkar have disputed those concerns and said they were prepared to care for their son. Court records show they planned to have him treated by specialists in California. The couple named the baby Rumi, while West and her legal team have referred to him as Gabriel. After his birth, Ahmed and Gilkar obtained a restraining order that prevented West from seeing or holding him. Courts in California and Texas later issued rulings supporting the couple’s parental rights and custody of the child.
The baby has required significant medical treatment because of his heart condition and has already undergone heart surgery. West has argued that her involvement could help protect his medical needs, while the parents have maintained that they should remain responsible for his care. Adam Wolf, the attorney representing Ahmed and Gilkar, said the Supreme Court’s decision allows the child to remain with his parents and continue receiving treatment. He also pointed to earlier rulings in several courts that rejected West’s legal challenges.
The Supreme Court’s decision leaves the current custody arrangement in place but does not settle broader questions surrounding surrogacy agreements, parental rights or decisions made after a serious fetal diagnosis. The dispute has involved legal proceedings in multiple states and has centered on who should have parental authority after West continued the pregnancy despite the couple’s request to end it. With the Supreme Court declining to intervene, Ahmed and Gilkar remain the child’s legal parents and continue to make decisions about his care.