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 health 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 pregnancy, which was their right under standard agreements reached between couples and surrogates.
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These place parental rights, which includes 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 travelled 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 say 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'.
Kit Roberts