Surrogate McKenna West files an emergency brief with the U.S. Supreme Court, demanding an administrative stay as the newborn fights for his life after heart surgery.
Legal battle intensifies over jurisdiction and parental rights
West, an Alaska resident, refused a California couple’s request to abort the pregnancy after a diagnosis of Hypoplastic Left Heart Syndrome, prompting the commissioning parents to seek custody.
Represented by the Alliance Defending Freedom and First & Fourteenth PLLC, West asked Justice Elena Kagan for a stay pending a certiorari petition, arguing that California courts violated federal due process by treating her jurisdictional defense as consent.
Her brief warns that without a stay, the baby could be transferred to California for hospice care while she remains barred from medical decision‑making.
On Monday, West’s legal team warned that the infant may be moved out of Texas sooner than expected, heightening the urgency of the request.
The commissioning parents assert that a surrogacy agreement and California’s jurisdiction law designate them as the child’s legal parents, a claim affirmed by a California trial court that entered an ex‑parte parentage judgment after finding West’s jurisdictional arguments constituted a general appearance.
Following the baby’s August 12 birth in Texas, a Texas court recognized the California ruling and dismissed West from the case with prejudice, preventing her from refiling the same claim.
West entered a special appearance in Los Angeles Superior Court to contest personal jurisdiction, citing a forum‑selection clause that required litigation in Alaska, but the California court rejected the challenge.
Attorneys for West continue to press the Supreme Court for an administrative stay by 1 p.m. Eastern Time on Tuesday, seeking to halt any premature relocation of the child.
