Surrogate Refuses Abortion, Gives Birth To Baby With Heart Condition As Bitter Custody Battle Erupts

A highly unusual surrogacy dispute has reached another major turning point after an Alaska surrogate reportedly gave birth to a baby she refused to abort despite the wishes of the child’s intended parents.

McKenna West was carrying the baby for a California couple when doctors discovered during a 20-week ultrasound that the fetus had hypoplastic left heart syndrome (HLHS), a serious congenital heart condition in which the left side of the heart does not develop properly.

According to reports, the condition can require multiple surgeries after birth.

The surrogacy agreement reportedly contained a provision allowing the intended parents to choose to terminate the pregnancy if a fetal “anomaly” was discovered.

West reportedly refused to terminate the pregnancy and left Alaska for Texas, where the legal circumstances surrounding parentage differ and a surrogate can be recognized as the birth mother.

West was originally expected to give birth on September 2, but her attorney, Lincoln Wilson, told The Dallas Morning News that she gave birth to the baby, Gabriel, early Wednesday in the Dallas area.

The child’s intended parents are now involved in a legal battle with West over custody and parental rights.

Their attorney, Lee Budner, said their immediate priority is making sure Gabriel receives the medical treatment he needs and that they can spend time with their child.

The case has also drawn the attention of Texas Attorney General Ken Paxton, who reportedly obtained an emergency court order requiring two Dallas hospitals — UT Southwestern Medical Center and Children’s Medical Center of Dallas — to provide life-saving medical care to Gabriel.

According to legal documents obtained by TMZ, West currently has no authority over the baby, while the biological parents have temporary custody.

West’s attorney has reportedly argued that the termination provision in the surrogacy agreement is “offensive to state and federal law.”

Before giving birth, West told Live Action that she believed Gabriel deserved an opportunity at life.

The intended parents had a court hearing scheduled for later this month, and the case could ultimately determine who has legal authority over the child and how the surrogacy agreement should be interpreted across state lines.

For now, West reportedly is not permitted to see or care for Gabriel, although her attorney has indicated she could seek custody depending on the court’s eventual ruling.

The case raises complicated questions involving surrogacy contracts, reproductive rights, parental rights and the medical care of a seriously ill newborn.

As Gabriel receives the medical attention he needs, the legal fight over his future continues.