A surrogate mother, McKenna West from Alaska, has submitted an updated brief to the U.S. Supreme Court. This follows her emergency application last week as she seeks to challenge a decision regarding a surrogacy agreement.
Background of the Case
West entered a legal battle with a California couple, the commissioning parties, after declining their request for an abortion. The pregnancy was diagnosed with Hypoplastic Left Heart Syndrome (HLHS), a serious heart condition. Represented by Alliance Defending Freedom and First & Fourteenth PLLC, West sought help from Justice Elena Kagan, who handles emergencies from the Ninth Circuit, for an administrative stay.
The case presents a complex interaction of state jurisdiction, surrogacy agreements, and federal due process rights, illustrating the challenges inherent in surrogacy arrangements across state lines.
Legal Proceedings
The surrogate claims that California courts breached federal due process by treating her jurisdictional defense as consent. Without a stay, the baby might be relocated to California for hospice care. West is awaiting a decision by 1 p.m. Eastern Time on Tuesday.
Recently, a California court named the commissioning parents as the legal guardians, turning down West’s custody claims. They argued California’s jurisdiction under the surrogacy agreement. West refused their abortion request and relocated to Texas for specialized medical care due to Texas’s abortion restrictions. She pursued legal orders in Alaska and Texas, but the commissioning parents initiated a parentage action in the Los Angeles Superior Court.
Jurisdictional Challenges
West’s legal team argues that a forum-selection clause mandates litigation in Alaska. Despite this, a California court stated her jurisdictional actions meant consent to the court’s authority. The court confirmed parentage for the commissioning parents. A Texas court acknowledged this decision, naming the commissioning couple as the legal parents and dismissing West’s involvement with prejudice, preventing her from refiling claims in this case.
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