A surrogate mother in Texas has secured an early legal victory in her dispute with the biological parents of the child she is carrying, who wish for her to terminate the pregnancy. McKenna West, a surrogate from Alaska, is refusing to abort the fetus, which was diagnosed with hypoplastic left heart syndrome (HLHS), a severe but treatable heart condition.
Weeks before her due date on September 2, West received a court order that mandates doctors provide life-sustaining care to the baby, who she has named Gabriel, upon birth. The order also prohibits the removal of the child from the hospital or the state of Texas pending further court decisions.
Texas Attorney General Ken Paxton supported West's position, filing a petition that urged medical professionals to provide life-saving care and prevent the child's removal from the state. "The court has made the right decision in immediately acting to protect baby Gabriel’s life and ensure he receives the care he deserves," Paxton stated following the judge's order.
The biological parents, Nausheen Gilkar and Omar Ahmed from California, had requested West seek an abortion. However, West has traveled to Texas, where she is recognized under state law as the birth mother, and is asserting her right to carry the pregnancy to term.
HLHS requires immediate postnatal surgery for survival. According to NewYork-Presbyterian Hospital, babies who undergo surgery have approximately a 75% chance of reaching age five, and a 90% chance of reaching age 18 if they survive their first year.
The diagnosis of HLHS was made in April when West was 20 weeks pregnant. She stated that the diagnosis was unexpected, as all prior ultrasounds and genetic testing had shown no issues. The surrogacy contract reportedly included a clause allowing for termination in cases of fetal anomalies, which West feared the biological parents would invoke.
West, a mother of two, has stated she is unwilling to undergo an abortion and is currently being sued by Gilkar and Ahmed, who want her to terminate the pregnancy in California. West has indicated she would only travel to California if the biological parents agreed to allow the child to receive necessary medical treatment. Gilkar and Ahmed are expected to appear in a Dallas County court on August 25.