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Supreme Court Justice Elena Kagan declined to step into surrogate custody battle

McKenna West walks after court hearing.
McKenna West, right, walks in a hallway at family court after a hearing in Dallas, Tuesday, Aug. 25, 2026. (AP Photo/LM Otero)

Yesterday, Supreme Court Justice Elena Kagan declined to step into a custody battle between a surrogate who refused to end her pregnancy and the baby’s biological parents, Omar Ahmed and Nausheen Gilkar. The Superior Court of California gave custody to the parents in August just before the baby was born. The parents requested to abort the pregnancy after discovering the 20- week-old fetus had a heart defect. McKenna West, the family’s surrogate, refused and went to Texas to carry the baby to term.