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Kagan Drops Major Surrogacy Decision

A remarkable legal fight involving abortion, surrogacy, parental authority, and a critically ill infant made its way to the U.S. Supreme Court — but Justice Elena Kagan declined to intervene.

Kagan rejected an emergency request from McKenna West, an Alaska nurse who carried a child under a gestational-surrogacy agreement for California couple Nausheen Gilkar and Omar Ahmed.

West wanted the Supreme Court to temporarily halt enforcement of a California judgment declaring Gilkar and Ahmed the child’s legal parents.

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