McKenna West Reaches the Supreme Court as Insurance Scandal Rocks Mexico Surrogacy

Alaska surrogate McKenna West has petitioned the U.S. Supreme Court to intervene after a Texas judge dismissed her custody claims over the baby she carried, who was born with a heart defect. West, who refused an abortion, argues she has a parental interest in the child's medical care. The petition marks a significant escalation in a case that has drawn national attention to the legal gaps around surrogacy contracts and surrogate rights.

Worth watching closely. If the Supreme Court agrees to take this up, it could set a precedent that reshapes how surrogacy agreements are enforced across the country.

Intended parents who used a UK-owned surrogacy agency operating in Mexico are reportedly facing unexpected medical bills after their insurance coverage was denied, according to The Guardian. The families say they were not warned that their policies might not pay out, leaving them exposed to costs they believed were covered. The story adds another layer of concern to an industry that critics and regulators have long flagged for inadequate consumer protections.

Before signing with any agency that operates across borders, get written confirmation from the insurer directly, not just the agency, that your specific policy covers the surrogate's medical care in the country where delivery will occur. Agency assurances alone are not enough.

Gay dads and other intended parents are speaking out with frustration and grief after the UK government formally ruled out updating surrogacy law, including refusing to recognize intended parents from birth. LGBTQ Nation profiled one couple who described the decision as devastating after years of advocacy. The response underscores the human cost of legal stasis for families who remain in a legal gray zone until a court order is granted.

This one is personal. The phrase 'we gave it everything' from one couple captures something the policy debate often misses: these are not abstract legal questions but years of people's lives.

A Toronto couple has come forward to say that the Trump administration's changes to U.S. birthright citizenship directly caused the collapse of their surrogacy arrangement, according to the National Post. They had planned to use a U.S.-based surrogate, but the citizenship uncertainty made the legal and logistical risks too high to continue. Their story puts a concrete human face on a policy shift that had previously been discussed mainly in the abstract.

Canadian and other international intended parents planning U.S.-based surrogacy arrangements should work with attorneys in both countries to map out the citizenship pathway for their child before any medical steps begin.

In a new opinion piece, The Telegraph pushes back against calls for a surrogacy ban, arguing that prohibition removes options from women rather than protecting them. The piece comes the day after the UK government ruled out surrogacy law reform and amid an ongoing international debate sparked in part by the Casablanca Conference's push for global abolition. The Telegraph's framing represents a notable shift in tone from the outlet, which last week published a piece arguing the opposite.

The Telegraph has now run prominent pieces on both sides of this debate within a week. That alone tells you how unsettled the conversation in the UK remains.

ASRM Surrogate Guidelines: What They Require

The American Society for Reproductive Medicine, or ASRM, has established widely respected guidelines that help fertility clinics determine whether someone is a good candidate to carry a pregnancy for another family. These standards are not meant to be discouraging — they exist to protect the health and wellbeing of the surrogate, the baby, and the intended parents throughout the entire journey.

One of the most foundational requirements is that a prospective surrogate must have already given birth to and raised at least one child of her own. This prior experience demonstrates that she can carry a healthy pregnancy and that she understands, on a deeply personal level, what the experience of childbirth involves. ASRM also recommends that surrogates fall within an age range of 21 to 45, with some clinics applying stricter upper limits depending on individual health factors.

Body mass index, or BMI, is another consideration. Most clinics follow ASRM's guidance by setting a BMI limit — commonly around 33 — because elevated BMI can increase the risk of pregnancy complications. Every prospective surrogate also undergoes a thorough medical screening, which typically includes a review of her obstetric history, infectious disease testing, and a uterine evaluation to confirm her body is well-prepared for the process.

Psychological evaluation is equally important. A licensed mental health professional meets with the surrogate — and often her partner — to ensure she is emotionally prepared for the unique experience of carrying and then lovingly placing a baby with another family. Finally, ASRM strongly recommends that every surrogate work with her own independent legal counsel before signing any contract. This ensures she fully understands her rights and that the agreement is fair, informed, and entered into freely.