A US Supreme Court justice has rejected surrogate McKenna West’s emergency request to pursue a custody fight over a baby born with a severe heart defect. The decision leaves in place a California ruling recognising the biological parents, Omar Ahmed and Nausheen Gilkar, as the child’s legal guardians, allowing them to oversee his medical treatment.

The baby, born in Dallas on 12 August with hypoplastic left heart syndrome, underwent emergency surgery and has experienced serious complications. West declined to terminate the pregnancy after the diagnosis, despite a surrogacy agreement allowing abortion for fetal abnormalities, and later sought custody or conservatorship; the parents deny intending to withhold lifesaving care and say they are committed to his treatment.