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Surrogate appeals to Supreme Court in custody dispute over baby with heart defect

Surrogate appeals to Supreme Court in custody dispute over baby with heart defect

Summary

A surrogate mother filed an emergency appeal to the U.S. Supreme Court in a custody dispute over a baby born with a serious heart defect. The surrogate wants custody because the intended parents sought an abortion, but a Texas court ruled the parents control medical decisions and the baby must receive lifesaving care.

Key Facts

  • The surrogate, McKenna West, refused to abort the baby despite the intended parents' wishes.
  • The baby was born in Texas with a condition called hypoplastic left heart syndrome, which affects blood flow in the heart.
  • Texas Attorney General intervened to ensure the baby gets lifesaving medical care.
  • A Texas court recognized Omar Ahmed and Nausheen Gilkar as the legal parents and gave them medical decision rights.
  • The intended parents had requested to terminate the pregnancy in May after the heart defect was found.
  • West argues the parents might not provide needed care and seeks custody or conservatorship.
  • The case involves differing state laws on surrogacy, as there is no federal regulation.
  • The Supreme Court is not required to take the case, and the chances of emergency relief are low.
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