Texas Supreme Court Lets Surrogacy Baby Leave State

Texas Supreme Court Lets Surrogacy Baby Leave State

A hospitalized newborn receiving medical care behind a protective barrier in a clinical setting
A newborn at the center of a Texas Supreme Court custody dispute over surrogacy and medical treatment.Illustration: The Frank

The News

The Texas Supreme Court ruled that a 1-month-old boy at the center of a surrogacy fight can be taken out of Texas, clearing the way for his biological parents to move him from Dallas to Los Angeles, where they live, for treatment.

The surrogate who carried him, McKenna West, wants the child kept in Texas and is seeking custody, according to The Texas Tribune.

West says she refused the parents' request to abort the baby, identified in coverage as Rumi, after a heart defect was found. The parents now accuse her of "fabricating" an emergency as the case reaches the state's high court, the Daily Mail reported.

Timeline

Roughly one month ago

The boy is born. The Texas Tribune describes him as a 1-month-old whose biological parents live in Los Angeles while he remains in Dallas.

Before the birth

According to the Daily Mail, the biological parents asked West to abort the pregnancy after a heart defect was identified. She refused, and she is now seeking custody of the child.

Sept. 18, 2026

TMZ publishes what it describes as the first photos of the baby at the center of the dispute.

Sept. 18, 2026

TMZ reports the biological parents are fighting West's Supreme Court bid, arguing the emergency relief she is seeking could put their son's health at risk.

Sept. 18, 2026

The Texas Supreme Court rules the baby can leave Texas, allowing the parents to relocate him to Los Angeles to seek treatment there, The Texas Tribune reports.

Reactions

The biological parents have gone on the offensive. The Daily Mail reported they launched a "blistering attack" on West, accusing her of fabricating an emergency as the custody fight reached the Supreme Court.

In their filing against her latest move, the parents argued the emergency relief West is asking for could endanger their son's health, TMZ reported.

West's position, per The Texas Tribune, is that the boy should stay in Texas — and that she, not the couple, should have custody. She has said she refused the parents' request to abort the baby over his heart defect, according to the Daily Mail.

What's Next

With the Texas Supreme Court's ruling in hand, the biological parents are cleared to move the boy from Dallas to Los Angeles for treatment.

West's bid for emergency relief at the high court remains the live fight, with the parents formally opposing it. The underlying custody question — who has legal claim to the child — has not been resolved by the ruling on where he can be treated.

Poll

Who should have custody of the baby in this case?

The biological parents
0.0%
The surrogate who carried him
0.0%
Whoever the courts decide is best for the child's health
0.0%
Not enough information
0.0%

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