A surrogate carrying a child for a California couple has given birth in Texas, a day after a judge ordered that the newborn receive life-sustaining care. The child was born Wednesday and is receiving stabilizing treatment at a Texas hospital, with surgery scheduled.
The surrogate, McKenna West, had moved to Texas amid a dispute with the intended parents, Omar Ahmed and Nausheen Gilkar, over the treatment of the fetus, which was diagnosed with hypoplastic left heart syndrome (HLHS). West's attorneys alleged the couple wanted to end the pregnancy after the diagnosis, while the couple has denied this intention.
Texas Attorney General Ken Paxton intervened in the case, filing a motion that led to a Tuesday court order for the child to receive life-sustaining treatment. "She has taken on great personal risk to herself," said Lincoln Davis Wilson, an attorney for West.
Attorneys for Ahmed and Gilkar stated that their clients' focus is on ensuring their baby receives necessary medical care. In a statement to The Texas Tribune, their attorney, Lee Budner, accused West and Paxton of engaging in "political theater" and stated that the couple had been told it was not possible to determine if the baby would be a candidate for open-heart surgery.
Hypoplastic left heart syndrome is a birth defect in which the left side of the heart is underdeveloped, preventing normal blood flow. The Centers for Disease Control and Prevention reports that about 925 babies in the U.S. are born with HLHS each year. Without treatment, the condition can be fatal within days or weeks. Treatment typically involves complex surgeries, and further procedures or a heart transplant may be necessary.
According to court documents, the couple argues that West breached their surrogacy contract and that a California court ruled she has no parental rights. They maintain they have consistently sought to consult with physicians to make informed medical decisions for their child.
University of Texas School of Law professor Rachel Rebouché, who specializes in reproductive law, noted that such disputes are uncommon. While surrogacy contracts may address medical care and pregnancy termination, these clauses are generally not legally enforceable. Rebouché explained that Texas law grants parents decision-making rights for medical care but prohibits denying care that constitutes abuse or neglect. Texas courts can intervene if there is a risk of denying life-saving care to a child in need.