Surrogate who refused to abort baby after parents’ request scores major court victory

 

McKenna West is weeks away from giving birth after a judge ordered that the baby receive life-sustaining care following his birth.

A surrogate mother who refused to terminate a pregnancy after the baby’s biological parents requested an abortion has secured an early victory in an extraordinary legal battle.

McKenna West, a nurse from Alaska, just gave birth to a baby boy diagnosed with a serious heart condition.

The child’s biological parents, Nausheen Gilkar and Omar Ahmed, reportedly asked West to have an abortion after doctors diagnosed the baby with hypoplastic left heart syndrome, or HLHS.

The rare condition affects the development of the left side of the heart and requires urgent medical treatment after birth.

West refused to end the pregnancy and has already named the baby Gabriel. According to reports she traveled to Texas, where she is recognized as the child’s birth mother.

Texas court steps in to protect baby Gabriel

The case has now taken another dramatic turn after Texas Attorney General Ken Paxton filed a petition seeking to ensure Gabriel receives medically necessary care after his birth.

The petition also sought to prevent the newborn from being removed from the state while the legal battle continues.

A court granted the requested emergency protections, ordering that medically indicated stabilizing and life-sustaining care be provided to the baby. The order also states that nobody can obstruct or delay that care.

In addition, Gabriel cannot be removed from the hospital where he is being treated or taken out of Texas without a further court order.

Paxton welcomed the decision, saying the court had acted to protect the baby’s life.

“My office utilized every tool at our disposal to protect life, and we will not back down in continuing to support baby Gabriel’s well-being,” he said.

Gabriel has a serious but treatable condition

West was around 20 weeks pregnant when doctors discovered something was wrong with Gabriel’s heart and she later recalled being on a FaceTime call with the biological parents when they received the devastating news.

According to West, testing before the diagnosis had appeared normal, making the discovery completely unexpected.

She told Live Action News that she believed the parents would want to terminate the pregnancy after learning about the condition.

But West said she could not bring herself to go through with an abortion.

Speaking to Megyn Kelly, she argued that Gabriel’s diagnosis was not necessarily hopeless and said she wanted to fight for his chance to live.

Children born with HLHS typically need complex surgery shortly after birth.

Treatment can involve multiple procedures over several years, and survival outcomes have improved significantly with specialized cardiac care.

Biological parents are suing surrogate

The dispute is not over though, Gilkar and Ahmed are reportedly suing West over her decision not to terminate the pregnancy. The legal battle is centered on the surrogacy agreement and where decisions about the pregnancy and baby should be made.

The biological parents are expected to appear in Dallas County court on August 25.

For now, however, West’s legal team and Texas officials have won an important early ruling ensuring that baby Gabriel will receive life-sustaining medical care for him.