A surrogacy agreement has turned into a complex legal battle after a surrogate gave birth to a baby she refused to terminate despite the intended parents’ wishes.
McKenna West, a surrogate from Alaska, was carrying the baby for a California couple when doctors discovered a serious heart condition during a 20-week scan.
The fetus was diagnosed with hypoplastic left heart syndrome (HLHS). The rare condition affects the development of the heart’s left side. Babies born with HLHS typically require multiple surgeries after birth.
According to reports, the surrogacy agreement included a clause that allowed the intended parents to request a termination if doctors detected an “anomaly” during the pregnancy.
West, however, refused to end the pregnancy.
She later travelled to Texas, where she continued the pregnancy.
West was originally expected to give birth on September 2. However, she delivered the baby boy early Wednesday in the Dallas area, according to her attorney, Lincoln Wilson.
She named the baby Gabriel.
The birth has now intensified the legal dispute between West and the intended parents. The couple has sued the surrogate, with the case raising legal questions involving multiple states.
A court hearing had been scheduled for later this month.
For now, West reportedly cannot see or care for Gabriel. Her attorney has also said she may seek custody if a court determines that she has the legal right to do so.
Baby’s medical treatment becomes priority
The intended parents’ attorney, Lee Budner, said the couple’s immediate concern is Gabriel’s health.
“Our clients’ only focus at this time is ensuring that their baby receives the medical care that he vitally needs,” Budner said.
He added that the couple wants to spend as much time as possible with their son while he receives treatment.
Gabriel’s heart condition has also prompted intervention from Texas authorities.
According to reports, Texas Attorney General Ken Paxton obtained an emergency court order requiring UT Southwestern Medical Center and Children’s Medical Center of Dallas to provide the baby with life-saving treatment.
Meanwhile, West’s attorney has challenged the termination provision in the surrogacy agreement.
He argued that the clause is “offensive to state and federal law.”
Before giving birth, West spoke to Live Action about her decision to continue the pregnancy.
She said she believed Gabriel deserved a chance at life.
The case now faces a legal battle over the rights and responsibilities of West and the intended parents.
While the adults prepare to argue their positions in court, Gabriel remains under medical care and faces the difficult treatment associated with his heart condition.
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