The US Supreme Court refused to block a California custody order. The case involves Alaska surrogate McKenna West.

California parents Omar Ahmed and Nausheen Gilkar are also involved. The baby was born in Texas with a rare heart defect.

On Tuesday Justice Elena Kagan denied West's emergency request. West wanted to stop a California court order.

That order recognized Ahmed and Gilkar as the baby's legal parents. It also gave them custody as the biological parents.

Kagan denied the request without explaining her decision. The dispute began when the parents asked West to abort the fetus.

This request came after doctors found the heart defect. West refused the abortion request.

Texas courts also ruled against West. Texas officials later got a court order for lifesaving care.

The baby then had heart surgery. Kagan's decision keeps the California custody order in place.