Supreme Court Order Gives Parents Custody of Baby in Surrogacy Fight
September 24, 2026

(NYT) – A surrogate refused to have an abortion after the fetus was diagnosed with a serious heart problem. She asked the justices to block a court order giving custody to the biological parents.
On Tuesday, Justice Kagan, who oversees emergency filings from California, denied the surrogate’s request to block the lower-court ruling in the couple’s favor. She acted on her own without referring the matter to her Supreme Court colleagues. The justice’s order did not include an explanation, as is often the case when the court responds to such filings. (Read More)