The U.S. Supreme Court declined to intervene in a heated custody battle on Tuesday. Justice Elena Kagan rejected an emergency request from surrogate mother McKenna West without a written explanation. A California court order designating Omar Ahmed and Nausheen Gilkar as the legal parents remains in effect following this ruling. The decision ends West’s last attempt to stop the baby from moving to California for medical care.
West gave birth to the boy in Texas on August 12 after fleeing California. She had refused the parents’ request to abort the pregnancy due to a heart defect. The child, named Rumi by his genetic parents but Gabriel by West, was born with hypoplastic left heart syndrome. He underwent surgery shortly after birth and remains in critical condition in a Texas hospital.
West argued that she should keep custody because she feared the parents would stop treatment. Her attorneys filed an emergency petition with the Supreme Court on September 9. They claimed the California court denied her due process when it awarded full custody to the genetic parents. A Texas judge had already dismissed these claims before the Supreme Court review.
The intended parents say they have followed all medical advice for their son. The couple’s attorney expressed that they are “truly grateful that Rumi can continue receiving the treatment he needs to survive.” The guardian ad litem in the case noted that the parents “have followed the recommendations of the doctors to a T.” Doctors in California plan to perform additional surgeries soon to prevent complications.
West and her supporters claim the parents are trying to take the child away from her care. West declared in one statement, according to the New York Post, “She’s making us run from doctor to doctor, state to state.” With our baby — she’s trying to take him. However, the couple’s attorney said West’s legal filings across three states have sought to undermine the parents’ rights.
With the Supreme Court’s refusal to act, the parents can now transport the baby to California. The Texas Supreme Court previously ruled on September 17 that the child could be moved. According to the child’s physician, delaying further treatment in Texas would result in “much more complicated treatment.” Medical care arrangements in their home state have been secured by the parents.
Former Texas Attorney General Ken Paxton had previously issued an order requiring the baby to receive lifesaving care in Texas. He accused the parents of refusing treatment, but his office has since withdrawn from the proceedings. The case began in 2025 when the couple signed a surrogacy agreement that allowed for termination in cases of fetal abnormality. West refused to abort the baby despite that clause.
The legal fight centered on the child’s name and his future medical decisions. West calls the boy Gabriel, while the parents call him Rumi. The couple’s attorney told the court that their efforts to get care have been rejected by every single court. Seeking to move his care to California, the parents intend to transfer treatment to their state of residence. This decision marks the end of West’s fight for custody.
