McKenna West, a surrogate from Alaska, has given birth to a baby boy named Gabriel in the Dallas area early Wednesday, according to her attorney, Lincoln Wilson. The birth came amid a legal dispute with the intended parents, a California couple, over the child's custody and medical care.
Background of the Dispute
West was carrying the baby for the couple when a 20-week scan revealed that the fetus had hypoplastic left heart syndrome (HLHS), a rare birth defect where the left side of the heart does not develop properly. Reports indicate that this condition requires three surgeries after birth to correct.
The surrogacy agreement reportedly included a clause allowing the intended parents to choose termination if an “anomaly” was detected. West refused to terminate the pregnancy and subsequently traveled to Texas.
Legal Proceedings and Custody
The intended parents have filed a lawsuit against West, raising legal questions across multiple states. A court hearing had been scheduled for later this month. Currently, West is not permitted to see or care for Gabriel, though her attorney has said she may seek custody if a court rules in her favor.
Lee Budner, attorney for the intended parents, stated, “Our clients' only focus at this time is ensuring that their baby receives the medical care that he vitally needs and that they, as his parents, are able to spend every precious moment they can with him.”
Emergency Medical Order
Texas Attorney General Ken Paxton has obtained an emergency court order requiring UT Southwestern Medical Center and Children’s Medical Center of Dallas to provide life-saving treatment to the baby, according to reports. West’s lawyer has argued that the termination clause is “offensive to state and federal law.”
Before giving birth, West told Live Action that she believed Gabriel deserved a chance at life. The case is now set to be determined through an ongoing legal battle over the rights and responsibilities of the surrogate and the intended parents, while Gabriel remains in need of specialized medical care for his heart condition.
