Omar Ahmed and Nausheen Gilkar have accused their surrogate, McKenna West, of fabricating an emergency and risking their five-week-old son’s medical care. The dispute has reached the US Supreme Court after West refused to abort the pregnancy despite a diagnosis of hypoplastic left heart syndrome and is now seeking custody or decision-making authority, arguing the baby’s treatment could be withheld.

The parents say they remain committed to obtaining lifesaving care and that suspending a California ruling recognising them as the legal parents would create uncertainty for doctors. The baby, born on 12 August, has undergone major heart surgery and remains critically ill, while the wider custody battle spans several US states and involves competing names for the child: Rumi and Gabriel.