A surrogate mother lost her bid Tuesday to gain control of the child she birthed, after Supreme Court Justice Elena Kagan denied her petition.
The justice’s refusal leaves in place lower court orders that granted custody to the genetic parents.
That couple had tried to pressure the surrogate to abort the child after learning of a fetal heart defect. The baby was born last month and the surrogate, McKenna West, named him Garbiel.
Ms. West had argued for custody, saying the genetic parents, Omar Ahmed and Nausheen Gilkar, wouldn’t provide the baby with the life-saving care needed.
But the genetic parents have said they are providing care for the child, whom they named Rumi.
Justice Kagan didn’t explain her reasoning for denying the petition, which dealt largely with complex legal issues over jurisdiction among the myriad courts where the case has played out.
The underlying story has captured headlines.
The contract Mr. Ahmed and Ms. Gilkar signed last year with Ms. West included a clause allowing them to force her to terminate the pregnancy if it had a fetal abnormality.
Hypoplastic left heart syndrome, the defect, involves a malformation of the left side of the heart. It can be fatal if untreated.
Mr. Ahmed and Ms. Gilkar, upon learning of the diagnosis, pushed for an abortion, threatening to invoke a $250,000 penalty if she resisted.
Ms. West refused to attend the abortion appointment and said she would adopt the child herself.
After a legal back-and-forth a court in Texas, where the child was to be birthed, granted custody to Mr. Ahmed and Ms. Gilkar but also appointed a guardian ad litem for the baby and directed that it be given life-saving care.
Ms. West said the couple, despite now having custody, are still suing her for $100,000 for refusing the abortion. She asked for access to information about the child’s situation.
The couple, in their court filings, said they have done “everything in their power” to ensure medical care for the baby.
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