An Alaska nurse hired as a surrogate is embroiled in a legal battle with the California couple who contracted her services, as she seeks to protect the life of their unborn child, who has a treatable heart defect. McKenna West, a single mother of two, became pregnant last year through a surrogacy agreement with a couple identified in court documents as AB and CD, arranged through Connecticut-based Worldwide Surrogacy Specialist.
West was initially approved by the agency and felt a strong connection with the couple during their initial meeting. Her due date was set for September 2, 2026. However, a 20-week ultrasound revealed the baby had hypoplastic left heart syndrome, a condition where the left side of the heart is underdeveloped. While initially upsetting to all parties, the diagnosis was followed by information that the condition is often treatable with surgery shortly after birth.
Following the diagnosis, the intended parents requested West obtain an abortion. West, who stated she was morally opposed to abortion, particularly at her stage of pregnancy (24 weeks at the time of the potential procedure), researched treatment options. She discovered a hospital in Dallas, Texas, with a high success rate for the necessary infant surgeries.
West offered to mitigate costs for the couple by living with a friend in Texas, but they remained concerned about the baby's future quality of life. The agency informed West that the couple had officially requested an abortion. Her opposition led to a difficult situation, which was further complicated when the wife's brother offered to adopt the baby if West did not wish to go through with the abortion. This interaction prompted West to contact podcaster Ellen Fisher, who in turn connected her with Lila Rose, founder of Live Action, who offered assistance.
Meanwhile, the biological parents initiated legal proceedings in California to establish parental rights, despite the surrogacy agreement stipulating that Alaska law would govern. They also filed a $250,000 lawsuit against West, seeking the return of payments made and additional damages. Their demands included West traveling to California to give birth, without specifying whether the baby would receive life-saving surgery or only palliative care.
West, through her attorneys, agreed to travel to California if the parents committed to the surgery. Concurrently, she filed her own lawsuit in Alaska seeking sole custody to ensure the baby could receive treatment in Texas. West, who is now 35 weeks pregnant and in Texas, stated her desire to fight for the child's chance at life.
An Alaska Supreme Court ruling denied a motion to compel West to return to California for the birth but also allowed a California court to determine the location of the birth and the medical team. The State of Alaska has since filed a Statement of Interest, arguing that the Alaska Constitution protects a surrogate mother's autonomy in making medical decisions regarding her pregnancy. The California couple has opposed this statement, asserting their parental rights and privacy to make decisions for their child.
A California court has since granted the biological parents a judgment reasserting their parental rights, which West is currently appealing on an emergency basis.