McKenna West, a surrogate mother, gave birth to a baby boy named Gabriel in the Dallas area on Wednesday. The birth occurred despite the biological parents' request that she terminate the pregnancy after the fetus was diagnosed with hypoplastic left heart syndrome (HLHS), a severe but treatable heart condition.
Gabriel is now undergoing life-saving care for his congenital heart condition, according to West's attorney, Lincoln Wilson. However, a court order currently prevents West from seeing or holding the newborn.
The legal dispute began in April when the unborn child was diagnosed with HLHS at 20 weeks gestation. The surrogacy contract between West and the biological parents included a clause allowing for termination in the event of a pregnancy anomaly. Following the diagnosis, the couple urged West to seek an abortion.
West, a single mother of two, declined to terminate the pregnancy and traveled to Texas, where state law recognizes her as the birth mother. Texas Attorney General Ken Paxton filed a petition that was granted Tuesday, requiring two Dallas hospitals to provide critical care to the baby, including intensive treatment and at least one surgery. Newborns with HLHS typically require immediate surgery after birth to survive.
West's legal team contends that the termination clause in the surrogacy contract is invalid and violates state and federal law, describing it as a "hit man contract." The biological parents, a couple from California, had been scheduled to appear in a Dallas County court on August 25.
It remains unclear what the future legal outcome will be regarding the child's custody if Gabriel leaves the hospital. West has indicated through her attorney that she would consider taking custody of the child if permitted by the courts.