Texas Supreme Court rules baby delivered by surrogate can leave Texas
Texas Tribune | September 18, 2026
McKenna West traveled from Alaska to Texas to give birth as part of a surrogacy arrangement after the intended parents had asked her to terminate the pregnancy due to the fetus being diagnosed with a potentially fatal heart condition. West sought custody of the child and wanted the court to block the intended parents from taking the medically fragile infant to their home state of California for further medical care. The Texas Supreme Court denied her request.
Supreme Court Order Gives Parents Custody of Baby in Surrogacy Fight
The New York Times | September 11, 2026
West then appealed the decision to the U.S. Supreme Court, which declined to hear the case, effectively leaving the Texas Supreme Court’s decision in place.
Multistate controversy highlights gray areas around surrogacy, bioethics expert says
KERA | August 17, 2026
Bioethics experts suggest the case shows that many “grey areas” remain in surrogacy arrangements in the United States. This is due to a patchwork of regulation in different states and vague laws that judges, attorneys general, and lawyers interpret differently. Lawmakers could improve the situation for future cases by making clearer legislation to address “big questions” raised by surrogacy.