A newborn with a severe heart defect is at the center of a legal dispute between the child's intended parents, a California couple, and the surrogate who gave birth to him in Texas. The case has attracted the attention of anti-abortion groups and Republican political leaders.
The surrogate, McKenna West, gave birth on Wednesday to a boy diagnosed with hypoplastic left heart syndrome, a life-threatening condition. West, a nurse, stated that the couple had expressed a desire to terminate the pregnancy at 20 weeks after consulting with doctors about the diagnosis.
The situation escalated when Texas Attorney General Ken Paxton intervened, and a Dallas judge ordered two hospitals to ensure the baby received life-sustaining care and to keep him in Texas pending a hearing.
According to an attorney for the surrogate, the Los Angeles-based couple, Omar Ahmed and Nausheen Gilkar, initiated legal action, obtaining a restraining order that prevented West from seeing or holding the child after birth, alleging she violated their surrogacy contract. The couple, who were present in Dallas for the child's medical care, referred to the baby as Rumi in court filings, while West and her supporters have named him Gabriel.
West had entered into an agreement with the couple through Worldwide Surrogacy Specialists, LLC in August 2025. The couple's legal filings assert that West breached the contract and that a California court has ruled she has no parental rights. West's legal team, supported by the conservative organization Alliance Defending Freedom, alleges the couple pressured West to seek an abortion after the diagnosis. Two days before giving birth, West petitioned a Dallas court for custody of the child.
Court documents filed in Alaska indicate the couple claimed West initially agreed to terminate the pregnancy but later changed her mind and ceased communication. A filing from the parents' attorneys stated that after extensive consultations with medical providers, the couple made the difficult decision to terminate the pregnancy, noting West had initially agreed and scheduled the procedure.
Other documents suggest the couple had at one point planned for West to deliver in California, where their child would begin lifelong treatment. Their attorneys argued in a filing that West's decision to give birth in Texas, away from his parents and the specialized cardiac team in Los Angeles, was harmful, forcing the infant to begin critical treatment in one state before a transfer.
Live Action, an anti-abortion organization, provided travel for West and her children to Texas, a state with abortion restrictions, to seek medical care, according to a spokesperson for the group. Days before the birth, Attorney General Paxton announced his office's intervention to "protect baby Gabriel's life," notifying medical centers of their legal obligations to provide life-saving care and accusing the couple of refusing consent for life-saving surgery. The couple denied these accusations, with their attorney characterizing Paxton's involvement as "political theater."
Surrogacy is not regulated federally, and state laws vary significantly, creating potential legal ambiguities, according to experts. Maya Shulman, a California attorney specializing in surrogacy cases, noted the rarity of such disputes and stressed the importance of comprehensive surrogacy contracts that address termination and other details.
Shulman explained that a surrogate is typically not considered a parent and that a baby's health and quality of life are paramount in such considerations, especially concerning conditions like hypoplastic left heart syndrome. In California, she stated, courts would likely uphold the surrogacy contract, recognizing the intended parents as legal guardians.
Hypoplastic left heart syndrome is a congenital condition where the left side of the heart is underdeveloped, impeding normal blood flow. Without medical intervention, it can lead to severe symptoms and is fatal within days or weeks. The condition requires a series of surgeries, beginning with the Norwood procedure shortly after birth, according to the Centers for Disease Control and Prevention. Approximately 925 babies in the U.S. are born with HLHS annually, and surgical repairs are not always curative, potentially necessitating further procedures or transplants.