Baby born via surrogate can leave Texas for treatment in California, court rules
The Texas Supreme Court has ruled that a medically fragile infant born via surrogate can be relocated to California for urgent heart treatment. The decision allows the biological parents to take the baby to Los Angeles, overriding the surrogate's attempt to block the move. This ruling resolves a contentious legal dispute over custody and medical decision-making for the child.
- ▪The Texas Supreme Court ordered that the infant, who has hypoplastic left heart syndrome, be transferred to a hospital in Los Angeles for time-sensitive surgery.
- ▪Surrogate McKenna West attempted to prevent the biological parents from removing the child from Texas, arguing that a California court judgment unfairly dismissed her parental rights.
- ▪The biological parents, Nausheen Gilkar and Omar Ahmed, had previously requested that West terminate the pregnancy after the heart defect was detected, a request she initially agreed to before changing her mind.
- ▪Texas Attorney General Ken Paxton intervened in the case to ensure the baby received medical care, highlighting the national attention the dispute has received.
- ▪West's attorneys claimed the parents intended to place the child in hospice care, a allegation their lawyers strongly denied in court filings.
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| Original publisher | The Guardian — World |
| Canonical URL | https://www.theguardian.com/us-news/2026/sep/19/texas-california-surrogate-court |
| Publication time | Sat, 19 Sep 2026 22:46:17 GMT |
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McKenna West, left, arrivers with her legal team for a court hearing in Dallas in August. Photograph: LM Otero/APView image in fullscreenMcKenna West, left, arrivers with her legal team for a court hearing in Dallas in August. Photograph: LM Otero/APTexasBaby born via surrogate can leave Texas for treatment in California, court rulesRuling latest step in legal fight over medically fragile child born after surrogate rejected couple’s request for abortionUwa Ede-OsifoSat 19 Sep 2026 18.46 EDTLast modified on Sat 19 Sep 2026 18.51 EDTSharePrefer the Guardian on GoogleThe Texas supreme court has decided that the month-old infant that surrogate McKenna West gave birth to can be relocated to Los Angeles, a Thursday ruling that came weeks after a California court had recognized the biological…
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