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Washington Post

Justice Kagan rules against surrogate mother who refused to get abortion

Tuesday, September 22, 2026


Justice Elena Kagan voted with the majority in a case involving a surrogate who gave birth to a child with a congenital heart defect despite the biological parents' request for termination. McKenna West had been seeking custody or decision-making authority over the child's medical care. The Supreme Court decision determined that the biological parents retained legal authority over the child's care arrangements.

Original reporting: https://www.washingtonpost.com/politics/2026/09/22/justice-kagan-rules-against-surrogate-mother-who-refused-get-abortion/

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