# Supreme Court blocks surrogate's bid to control baby's care

> Justice Kagan denies emergency request from Alaska woman who refused to end pregnancy and now wants say in child's medical decisions.
- Title: Supreme Court blocks surrogate's bid to control baby's care
- Summary: Justice Kagan denies emergency request from Alaska woman who refused to end pregnancy and now wants say in child's medical decisions. The Supreme Court has…
- Keywords: supreme court, surrogacy, custody dispute, texas, california, alaska, medical care, heart condition, justice elena kagan, mckenna west, legal parents, conservatorship
- Source: FOX 4 News Dallas-Fort Worth — https://fox4news.com/news/texas-us-supreme-court-surrogacy-rumi-gabriel
- Author: Steven Ardary
- Published: 2026-09-23T00:00:00+00:00
- Read time: 1 min
- Topics: supreme court, surrogacy, custody dispute, texas, california, alaska, medical care, heart condition, justice elena kagan, mckenna west, legal parents, conservatorship
## Supreme Court refuses to intervene
Justice Elena Kagan denied McKenna West's emergency request to pause a California court judgment recognizing a couple as legal parents of a baby born in Texas to a surrogate.
## Surrogate loses bid for medical say
McKenna West sought conservatorship to participate in decisions about the child's medical care, but courts have repeatedly rejected her efforts to have any say in the child's treatment.
## Baby born with serious heart condition
The child was born August 12 in Dallas with hypoplastic left heart syndrome, a life-threatening condition requiring multiple surgeries throughout childhood. The first surgery happened soon after birth.
## Surrogate refused to end pregnancy
West gave birth after refusing the couple's request to terminate the pregnancy. She now claims they will withhold necessary medical care, citing their abortion request as evidence of their intentions.

> West has said she believes the couple will not provide life-saving care for the child, citing their request for an abortion.
## Couple denies they'll withhold care
The intended parents say they are committed to providing all necessary treatment for the child's heart condition. Their lawyers argue that granting West conservatorship would create dangerous uncertainty over medical decisions.

> The couple has denied that they intend to withhold necessary medical care and said in court filings that they are committed to providing treatment for the child.
## Multiple surgeries lie ahead
Children with this heart condition typically need three major surgeries: the first within two weeks of birth, a second at four to six months, and a third between eighteen months and three years old.
## Key takeaway

The Supreme Court has let stand a California court ruling that gives a California couple full legal custody of a baby born to an Alaska surrogate in Texas, ending the surrogate's legal fight for a role in the child's medical care.