McKenna West Seeks 1 p.m. SCOTUS Stay to Block Baby's Move From Texas
Updated
Updated · Fox News · Sep 15
McKenna West Seeks 1 p.m. SCOTUS Stay to Block Baby's Move From Texas
3 articles · Updated · Fox News · Sep 15
Summary
An updated Supreme Court brief asks Justice Elena Kagan to impose an administrative stay by 1 p.m. Tuesday, after surrogate McKenna West said the baby could be moved out of Texas sooner than expected.
West argues California courts violated due process by treating her jurisdiction challenge as consent, then entering an ex parte parentage judgment for the California commissioning couple.
That ruling was later recognized by a Texas court after the Aug. 12 birth, which dismissed West from the case with prejudice and left her unable to help direct treatment for the baby’s rare heart condition, HLHS.
The fight began after West refused the couple's request to terminate the pregnancy, moved to Texas to give birth, and now says a transfer to California for hospice care could occur before the high court acts.