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Supreme Court Justice Elena Kagan denied surrogate McKenna West's emergency appeal to overturn a California court ruling that she has no legal or physical claim to the medically fragile baby boy she carried, who was diagnosed with hypoplastic left heart syndrome. Despite West's efforts to secure custody and ensure the baby received life-saving care in Texas, the baby's genetic parents, Nausheen Gilkar and Omar Ahmed, retain legal rights and are currently suing West for damages, while courts have ordered that the baby must receive stabilizing and life-sustaining care.

A Texas District Court vacated an emergency order that had kept Baby Gabriel/Rumi, born via surrogate McKenna West, in Texas to receive care for hypoplastic left heart syndrome, allowing his genetic parents to move him to California if approved by doctors. The court found that the genetic parents have consented to all recommended medical treatments and that some restrictions of the emergency order were no longer medically necessary, while maintaining that stabilizing and life-sustaining care must continue and that the Guardian Ad Litem remains appointed for the child.