A surrogate mother is preparing to escalate her custody dispute over a newborn baby to the nation's highest court, according to her legal team. McKenna West's attorney announced plans to challenge a California court ruling that awarded custody to the child's biological parents, setting the stage for a potentially landmark legal confrontation.
Lincoln Wilson, representing West, outlined the legal strategy in comments to the New York Post, as reported by TMZ.com. The attorney is contesting a California court order that granted custody to the biological parents, maintaining that West should be recognized as the mother because she delivered the child in Texas.
"We'll take it up to the US Supreme Court if we have to," Wilson told the New York Post, according to TMZ.com. The legal team believes the California judgment lacks validity and contends that once it is overturned, Texas law would recognize West as the mother.
The announcement follows the issuance of a temporary restraining order that severely limits West's involvement with the newborn. Court documents obtained by TMZ.com show the order prohibits West from making medical decisions for the boy, taking possession of him, presenting herself as his parent or guardian, removing him from the hospital, or interfering with the biological parents' access to the child.
The custody dispute stems from a surrogacy agreement West signed with a California couple. The contract included a provision permitting the biological parents to request termination if medical professionals discovered a fetal anomaly during the pregnancy.
Medical testing later revealed the baby had hypoplastic left heart syndrome, a severe congenital heart defect. West declined to terminate the pregnancy as the biological parents requested. Instead, she traveled to Texas to give birth, triggering the current legal battle over parental rights.
The temporary restraining order will remain in force until at least Wednesday, August 25, when West has been ordered to appear before a Dallas court. The hearing could determine the next steps in what may become a protracted legal fight over custody and the enforceability of surrogacy contracts across state lines.
The case raises complex questions about surrogacy law, parental rights, and whether state boundaries affect the validity of reproductive agreements. If the dispute reaches the Supreme Court as Wilson suggests, it could establish precedent for how courts handle surrogacy disagreements when parties relocate across state lines during pregnancy.
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Ava Hart
Ava Hart is a pop culture junkie and loves to share what's happening in Hollywood and what trends are taking the world by storm.
