An Alaska nurse hired as a surrogate is engaged in a legal dispute with the California couple for whom she is carrying a child, after they demanded she undergo an abortion due to a diagnosis of hypoplastic left heart syndrome. McKenna West, a single mother of two, is seeking to protect the life of the unborn baby, who she states has a treatable condition.
West was matched with the couple, identified in court documents as AB and CD, through Worldwide Surrogacy Specialist in LLC last year. Following a successful pregnancy and a due date of September 2, 2026, a 20-week ultrasound revealed a serious heart defect in the fetus. While the condition was unexpected and genetic testing had been normal, a maternal-fetal medicine doctor diagnosed the baby with hypoplastic left heart syndrome.
This diagnosis led the biological parents to request an abortion, a procedure West is morally opposed to. She expressed concern over a clause in her contract requiring abortion in the event of an "anomaly," which the agency had previously downplayed as rare. West researched treatment options and found a hospital in Dallas, Texas, with a high success rate for the necessary surgical interventions.
Despite West's efforts to mitigate costs for the couple and sharing positive survival stories for the condition, the parents officially requested an abortion by the Monday following the diagnosis. West stated she was appalled by the proposed procedure at her advanced stage of pregnancy (24 weeks at the time of the requested abortion).
West's situation gained public attention after her husband's brother offered to adopt the baby if she did not want to undergo the abortion. This led West to connect with podcaster Ellen Fisher, who facilitated contact with Lila Rose, founder of Live Action. Rose offered assistance in getting West and her children to Texas to meet with doctors.
The legal conflict escalated when the biological parents sought to establish parental rights through a California court, despite their contract specifying that Alaska law would govern the agreement. They have also filed a lawsuit demanding the return of $250,000 paid to West, along with additional damages, and are demanding West travel to California to give birth. The parents have not clarified whether they would permit life-saving surgery or opt for palliative care.
West, who is now 35 weeks pregnant and in Texas with her family, has filed her own lawsuit in Alaska seeking sole custody to allow for the baby's treatment in Texas. She stated her desire to "fight for him because he deserves that chance."
Recently, the Alaska Supreme Court denied a motion to compel West to relocate to California for the birth but ruled that a California court could still dictate where she gives birth and the medical team involved. The State of Alaska has issued a Statement of Interest, asserting that the Alaska Constitution protects a surrogate mother's right to make personal medical decisions. The California couple has objected to this statement, arguing it interferes with their parental rights and the best interests of their unborn child.