Kagan Rejects Emergency Appeal in Surrogacy, Baby Custody Dispute

A deeply personal legal battle involving a surrogate, a California couple and a baby born with a life-threatening heart condition reached the U.S. Supreme Court after producing competing claims and emergency proceedings across three states.

But the nation’s highest court did not take up the broader questions surrounding surrogacy, abortion or parental rights.

Justice Elena Kagan on Tuesday denied an emergency application from surrogate McKenna West seeking to block enforcement of a California judgment recognizing Nausheen Gilkar and Omar Ahmed as the baby’s legal parents.

Kagan, who handles emergency applications arising from the federal appeals court covering California, rejected the request without explanation and did not refer it to the full Supreme Court.

The decision left the California parentage order intact. ---More...

IT'S REJECTED - D.C. is reeling after a stunning Supreme Court ruling...https://t.co/FsWDogjRYM

— Dinesh D'Souza (@DineshDSouza)October 3, 2026