A baby born with a rare heart defect is at the center of a legal dispute between his biological parents and the surrogate who carried him for nine months, after she refused their request that she terminate the pregnancy.
McKenna West, a surrogate from Alaska, agreed to carry a child for Los Angeles-area couple Omar Ahmed and Nausheen Gilkar through the agency Worldwide Surrogacy Specialists.
At around 20 weeks into the pregnancy, the baby, referred to in court filings as “Gabriel,” was diagnosed with hypoplastic left heart syndrome, a rare and serious congenital condition in which the left side of the heart is underdeveloped.
According to the Cleveland Clinic, children with the condition typically require three surgeries over several years, starting within two weeks of birth, and can face lifelong complications even after treatment.
The baby’s treating physicians said surgery offers “a meaningful chance of survival,” but that he will live with “significant lifelong disabilities” afterward.
‘Where is the Urgency’: Nolan Wells’ Mother Details the Desperate Steps She Took to Get Police to Take Her Son’s Disappearance Seriously
After learning of the diagnosis, Ahmed and Gilkar asked West to have an abortion. West refused and traveled to Dallas County, Texas, a state where abortion is largely illegal, saying she wanted the baby near doctors experienced in treating his condition and sought “protection” as the legal dispute unfolded.
“It was scary to think that something might be wrong, and that I may be the one that’s not able to make a decision about the treatment,” West said in an interview with Live Action, an anti-abortion rights organization.
Texas AG Steps In
Texas Attorney General Ken Paxton’s office intervened in the case, arguing that any gestational agreement between West and the intended parents should not determine whether the child receives care after birth, and that Texas law protects any baby born in the state.
“Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care,” Paxton said in a statement. “My office will use every tool available to protect innocent lives and ensure that every child receives the care required under Texas law.”
In a court filing, Paxton’s office wrote: “The question the Court must prepare to answer is not whether a gestational agreement is enforceable. The question is whether any adult, whatever parental title he or she holds, may decline life-saving surgery for a newborn who can live, because the child will live with disabilities.”
A Texas court order was issued requiring that lifesaving care be provided once the baby was born, and required the hospital to notify the court of the birth and any medical developments. The order also appointed a guardian ad litem to represent Gabriel and said the court would convene an emergency hearing if treatment were refused.
Separately, the court issued a restraining order establishing that Ahmed and Gilkar, not West, are responsible for medical decision-making under the court’s order. In a separate letter to UT Southwestern and Children’s Medical Center of Dallas, Paxton asked the hospitals to provide care for the baby and not release him from Texas.
Texas Gov. Greg Abbott also weighed in, telling CBS News the state’s “laws protect every child born in Texas and guarantee their right to life,” and that the Department of Family and Protective Services would monitor the case.
Birth and Custody Dispute
West gave birth to the baby on Wednesday, one day after Paxton’s office intervened. Because of the restraining order, West was not allowed contact with the child after birth.
“Unfortunately, because of the Texas T.R.O. that was entered yesterday, McKenna didn’t get to see or hold him after he was born,” said Lincoln Wilson, West’s attorney.
The baby is now in the physical custody of Ahmed and Gilkar, receiving care at a tertiary care center from a team of pediatric specialists, according to Lee Budner, an attorney representing the couple.
“Right now, our clients are continuing to place their baby’s health and well-being first, following the advice of the baby’s medical team, as they always have and just as any loving parent would,” Budner said, according to CBS News.
“As if the heartbreak of his condition were not enough, they are devastated to see their family tragedy transformed into political theater by the Texas Attorney General’s office and McKenna West.”
McKenna West Fight’s Ahead
West has said she plans to continue pursuing custody of the child. An Alaska court previously ruled that she can make her own medical decisions. West reportedly has connections to Live Action, which helped her secure legal representation from the Alliance Defending Freedom, a conservative Christian legal organization.
“There came a point where she, for the sake of her own medical care and safety, needed to travel to Texas, and so we did assist,” Wilson said, adding that Ahmed and Gilkar were “treating her baby like a product. The product had a defect, and so they were trying to send it back.”
Gilkar and Ahmed had previously asked a California court to order West to give birth there. Neither has publicly commented on the case. All parties are scheduled to appear in court again on Aug. 25; it’s unclear whether the birth will move up that date.
Worldwide Surrogacy Specialists, the agency that connected West with Ahmed and Gilkar, said in a statement to CBS News that it supports the rights of both surrogates and intended parents, and that the matter “should have been referred to mediation where all parties would have been urged to consider the best interests of the child … and to reach a settlement so that upon his birth, the child would be surrounded by love, not lawyers and litigation.”
Atlanta Black Star has reached out to attorneys for both West and Ahmed and Gilkar for comment.
