Surrogate who refused to abort baby gives birth then is immediately banned from seeing him
A surrogate has been barred from seeing the child she carried after refusing to terminate her pregnancy and fleeing to Texas against the wishes of the boy's parents.
McKenna West from Alaska had been carrying a pregnancy for a couple based in California, and was around 20 weeks pregnant when it was discovered that the unborn fetus had been diagnosed with a rare condition called hypoplastic left heart syndrome, where the left side of the heart is underdeveloped.
This is potentially treatable with immediate surgery after giving birth to prevent heart failure, but can result in someone having serious lifelong health conditions.
Upon learning this, the child's biological parents had requested that West terminate the pregnancy, which was their right under standard agreements reached between couples and surrogates.
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These place parental rights, which include decisions over the pregnancy and fetus, with the biological parents and not the surrogate.
The agreement between McKenna and the parents also reportedly had a clause which would have a termination in the case of an 'anomaly' in the course of the pregnancy, and they requested that she undertake an abortion after learning of the condition.
However, McKenna refused and traveled to Texas, a state which has introduced a ban on abortion under practically any circumstances.
There, a court ruled that she would be allowed to seek treatment for the heart condition.
The baby has since been born, and is referred to by West's attorneys as 'Baby Gabriel', with the legal team now confirming that he has been born early and is being given medical care, per The Dallas Morning News.
Texas Attorney General Ken Paxton has also intervened in the case, saying in a press release: "Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care."
On Tuesday, a court ruled: "Upon the child's live birth, medically indicated stabilizing and life-sustaining care shall be provided to the child pending further order of this Court."
It added: "No person shall withhold, direct the withholding of, obstruct, or delay that care."
The child's parents, Nausheen Gilkar and Omar Ahmed, are now set to appear at a court hearing on August 25.
Their attorney, Lee Budner, said: "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."
He added: "Our clients will continue, as they always have, to place their baby’s health and well-being first, following the advice of the baby’s medical team, just as any loving parent would."
Budner went on to claim that West and her attorneys have caused the child's birth and health to be 'transformed into political theater'.
Meanwhile, a court order has been put in place which bars West from seeing and holding the child.
Her attorney Lincoln Wilson has said that no genetic tests have been carried out confirming that Gilkar and Ahmed are the child's biological parents, saying that West will consider taking the child if allowed to by the courts, and that the surrogacy contract was 'offensive to state and federal law', calling it a 'hit man contract'.
A timeline of McKenna West’s surrogacy legal battle
February 2025
McKenna West, a nurse from Alaska, applies to be a surrogate for Worldwide Surrogacy in order to make extra income for her family.
August 2025
West signs a surrogacy agreement with Omar Ahmed and Nausheen Gilkar, from California. She says the contract she signed required her to undergo an abortion in the event of an ‘anomaly’.
Early 2026
After falling pregnant via IVF, West, Ahmed and Gilkar learn during West’s 20 week scan that the baby has hypoplastic left heart syndrome (HLHS) - a serious but survivable condition.
Legal filings from Ahmed and Gilkar’s lawyers read (via AP): “After heartbreaking consultations with medical providers and their own research about the suffering and quality of life HLHS babies endure, A.B. and C.D. (birth parents) made the difficult decision to terminate the pregnancy.
“It is undisputed that West initially agreed and that she herself made the initial appointment.”
But West tells Live Action News: “I knew that I didn't want to have to go through [an abortion]. I didn't want for this baby - for his life to be cut short.”
When she refuses to have an abortion, West says Ahmed and Gilkar threatened to sue her for $250,000 for breaching the surrogacy agreement.
July 20 2026
Ahmed and Gilkaer argue in legal filings that West ‘cut off all contact’ with them and ‘withdrew medical releases’ allowing them to have contact with her medical providers.
West flees to Texas, where abortion is illegal. Meanwhile, a court order in California affirms that Ahmed and Gilkar are the legal parents of the child. This also means they will have to pay for the child’s medical bills.
July 28 2026
An Alaskan Superior Court rejects a request to force West to relocate to California to give birth, but says that California has jurisdiction. A California court will decide where West gives birth and the medical team to treat her.
August 11 2026
Texas Attorney General Ken Paxton intervenes with a court order that means UT Southwestern Medical Center and Children’s Medical Center of Dallas must provide life-saving care to the baby, who he and West refer to as Gabriel.
The order prevents West from being forced to go to California while the case is considered.
However, the court also prevents West from making any medical decisions on behalf of the child, exercising any possession of the child, or representing herself as the child’s parent or guardian.
Ahmed and Gilkaer deny they ever intended to refuse treatment for the baby
August 12 2026
The baby is born in the morning in Texas two weeks early and immediately receives care for HLHS.
While West continues to refer to the baby as Gabriel, Ahmed and Gilkaer refer to the baby boy as Rumi in legal filings.
August 13 2026
Attorneys for both parties speak out. West’s attorney Lincoln Davis Wilson said West was not allowed to have any contact with the baby after the birth, but intends to pursue custody.
He told CBS: “We are working on challenging those orders of parentage because we think that Texas law makes a woman who gives birth [to] a child, the mother of the child.”
Meanwhile, Ahmed and Gilkaer’s attorney Lee Budner tells the outlet: "Our clients' son was born yesterday morning and he is now in their physical custody while he receives expert medical care at a tertiary care center.
"Thankfully, McKenna West's baseless attempt to interfere with his medical care has been soundly rejected by the courts."
August 25 2026
West is ordered to appear at a Texas court.
Kit Roberts