Surrogate asks Supreme Court to pause California ruling

Emergency request

McKenna West filed an emergency request with the U.S. Supreme Court seeking to pause a Los Angeles Superior Court ruling that ended her legal and physical claim to the baby she carried as a surrogate. A Dallas County court upheld the California ruling earlier in September 2026.

West moved to Texas after learning that the unborn child had a serious heart condition and after the biological parents called for an abortion. She refused to end the pregnancy and sought treatment for the child at Children’s Medical Center of Dallas. West calls the baby Gabriel.

Dispute over medical care

Texas Attorney General Ken Paxton obtained an emergency court order in August intended to ensure the baby received medical procedures after birth. West’s lawyers now argue that the later court rulings prevent her from receiving information about the child and from defending an order requiring continued treatment.

The emergency filing says Paxton has withdrawn from the case and West has been dismissed, leaving no party defending the Texas treatment order. Her lawyers argue that the child could be moved from the Texas hospital to hospice care in California despite their position that his condition can be treated.

West has said she is not seeking to take the baby from the biological parents. She says her court action is intended to preserve an advocate for the child while he receives continuing treatment for his heart condition.

Supreme Court process

Justice Elena Kagan has authority to handle the emergency request at this stage. She directed the opposing side to respond by 4 p.m. on September 18, 2026.

The Supreme Court must decide whether to temporarily block the lower-court ruling while the legal dispute continues. The emergency request does not itself resolve the underlying disagreement over West’s legal status or the child’s medical care.