Surrogate mother and California couple head to Supreme Court over baby’s custody

A California pair engaged a surrogate to carry their child, but a mid-pregnancy ultrasound identified a serious heart defect. The surrogate declined to terminate the pregnancy and instead went to Texas, a state where most abortions are prohibited, delivering the baby in August with a congenital condition that impairs the left side of the heart and will require several non-curative surgeries. Texas Attorney General Ken Paxton secured a judicial order for the newborn’s prompt operation, while the surrogate has filed to have the couple’s parental rights voided, arguing they may not provide adequate medical treatment.

In earlier proceedings, a California court awarded the couple custody, but a Texas court imposed a restraining order preventing the surrogate from seeing the child. The surrogate now petitions the U.S. Supreme Court to resolve the custody dispute, which could set a precedent for surrogate-parent rights and abortion-related legal battles.