McKenna West, a surrogate for California couple Nausheen Gilkar and Omar Ahmed, gave birth to a baby boy on Wednesday, August 12, after refusing to follow the biological parents' wishes to terminate the pregnancy.
A court order, however, barred her from seeing or caring for the child.
The baby’s parents have instead been entrusted with his care as he suffers from a severe cardiac condition that prompted their request for an abortion and requires urgent medical treatment, including at least one immediate surgery.
Highlights
- McKenna West gave birth to baby Gabriel despite the biological parents’ request to terminate the pregnancy.
- Texas AG Ken Paxton backed her fight to continue the pregnancy, while the biological parents’ attorney accused them of turning the dispute into “political theater.”
- A court order now prevents West from seeing or caring for the child, who needs urgent treatment for a severe heart condition.
Through their lawyer, Gilkar and Ahmed said they are prioritizing the baby’s medical needs while spending “every precious moment they can with him.”
The surrogate who gave birth despite the biological parents' wishes is now barred from seeing the baby
The surrogacy contract West signed required her to terminate the pregnancy in the event of fetal abnormalities. Despite this, West gave birth after fleeing to Texas from her native Alaska, where abortion is banned.
According to her attorney, Lincoln Wilson, she named the baby Gabriel, a name she had been calling him for months.
The child was diagnosed with hypoplastic left heart syndrome (HLHS) at 20 weeks.
The condition affects the left side of the heart, impairing its ability to pump blood effectively.
According to NewYork-Presbyterian Hospital, the five-year survival rate for children with HLHS who undergo surgical treatment is 72%, while the survival rate among those who reach age 18 is approximately 90%.
When Gilkar and Ahmed asked her to honor the contract following the diagnosis, West said she felt “horrible” about the prospect.
In court documents filed in Dallas Family Court, she described her fear that the baby would be injected with “a solution that will stop his heart and then he’ll be literally ripped apart and dismembered as he’s taken from her uterus.”
While allowing West to continue the pregnancy on Tuesday, August 11, the court also granted the biological parents’ request for a restraining order against her.
Gilkar and Ahmed have filed a lawsuit in California seeking to establish parental rights, while West has filed a countersuit in Alaska seeking sole custody of Gabriel.
The legal battle remains pending. In the meantime, the court has appointed Susan Duesler, a family law attorney based in Texas, as the child’s legal guardian.
West said she felt “trapped” and silenced by the contract she signed
“We had talked about it when we first met, and I asked them their views on termination, and it was a reassuring conversation that they really wanted a baby,” West said during an appearance on The Megyn Kelly Show on August 7.
“They weren’t exactly sure what decision they would make if something came up, but they ultimately just wanted to be parents, so I felt confident moving forward with them that termination would not be their first choice,” she shared.
West said she felt “trapped” by the contract upon actually being asked to undergo an abortion and believed she “had no voice.”
She said, however, she knew she wanted to protect the baby.
Her attorney also appeared on the show and accused Gilkar and Ahmed of waging a “pressure campaign” to force West to terminate the pregnancy.
“They even enlisted her own prior counsel to serve with a demand of $250,000 with a process server in the middle of the night,” he said.
Texas Attorney General Ken Paxton stepped in to ensure medical care for Gabriel
On August 10, a day before the court order was issued, Texas Attorney General Ken Paxton submitted a 58-page legal brief to ensure the child received the medical treatment he needed.
“Baby Gabriel deserved a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care,” Paxton said at a press conference.
His office also sent letters to the University of Texas Southwestern Medical Center and Children’s Medical Center Dallas, reminding them of their legal obligation to provide medical care to the child regardless of the outcome of the parental dispute.
HLHS is typically treated through three open-heart surgeries performed during the first few years of life.
The first, the Norwood procedure, is generally performed within days of birth, followed by the Glenn and Fontan procedures.
The parents’ lawyer characterized West and Paxton’s actions as “political theater”
Lee Budner of the Dallas law firm Calabrese Budner is representing Gilkar and Ahmed.
“After heartbreaking consultations with medical providers and their own research about the suffering and quality of life HLHS babies endure, A.B. and C.D. made the difficult decision to terminate the pregnancy,” he said in a legal filing submitted on July 20, referring to his clients by anonymized initials.
“It is undisputed that West initially agreed and that she herself made the initial appointment. She then unilaterally changed her mind, cut off all contact with A.B. and C.D. and withdrew medical releases allowing A.B. and C.D. to have contact with all medical providers,” he added.
Speaking to The Texas Tribune on Wednesday, Budner referenced this filing and accused West and Paxton of turning “a family tragedy into ‘political theater.”
Neither West nor Gilkar and Ahmed are allowed to take the baby out of Texas until August 25, when they are scheduled to return to court for a hearing.
"I can see both sides," a netizen said
