The Supreme Court of Texas ruled on Thursday that a one-month-old infant, born by surrogate McKenna West, can be transferred to Los Angeles. The ruling followed a week after a California court granted custody to the biological parents.
In its order on Thursday, the court stated: 'Preserving the life of a medically fragile child is the paramount concern in this time-sensitive matter.' The court referenced the infant's rare and severe heart defect. This is hypoplastic left heart syndrome, a condition that impedes blood flow and requires extensive surgical intervention. Without treatment, the defect can be fatal.
West sought to prevent the biological parents from taking the child out of Texas and transferring him to a hospital in Los Angeles, where the couple lives. The court cited testimony from a Texas physician treating the infant, who described the window for transfer from one intensive care unit to another as short and 'ripe now'. West's lawyers did not immediately respond to a request for comment on the Thursday ruling.
The infant was named Rumi by his biological parents. His condition was identified while he was still a foetus, leading the couple, Nausheen Gilkar and Omar Ahmed, to ask West to terminate the pregnancy. West, who lives in Alaska, had travelled to Texas, where abortion is illegal, to give birth. West and her legal team claim the couple attempted to force the procedure. The lawyers for Gilkar and Ahmed state that West initially agreed to the abortion, then surprised them with a legal battle over custody.
The case has sparked widespread debate over abortion and parental rights, particularly in conservative media circles. The Texas attorney general intervened to ensure the child received medical care after birth. West also appealed to the US Supreme Court. West suggested that Gilkar and Ahmed intended to place the child in a hospice for end-of-life care, rather than continuing treatment for the heart defect. The couple's lawyers responded in a court filing that 'there is no truth at all' to the claim regarding hospice care.
West requested to be informed about the infant's medical condition and to 'pursue her rights', according to court documents. Her lawyers wrote in a filing that 'MW would normally be considered [the child's] mother under Texas law by virtue of having given birth to him. However, due to the [California] court's ruling, she has been excluded from the proceedings with prejudice and denied all information.' The couple's attorneys responded in a filing that, were the court to rule in West's favour, it would introduce confusion regarding who is authorised to make and approve medical decisions for the child.
Gilkar told the court in August that Rumi was 'the most beautiful person'. She added: 'He is the love of our lives. He is in so much pain.'
