A surrogacy dispute with life-or-death stakes has reached the Supreme Court's emergency docket. According to Reason, the case involves a California couple who, after arranging a surrogacy, wanted to abort the child. The baby was instead born in Texas and is now roughly one month old.
The couple is now asking to take the infant to California, where they say they would place him in hospice care. The legal question before the Court is whether they may remove the child from Texas, and what authority Texas courts have over the intended parents' wishes.
The emergency docket request signals that the case requires immediate resolution. The outcome could clarify how surrogacy agreements are treated when intended parents change their position after conception, and how state courts handle cross-border custody disputes involving infants with severe medical needs.