Trump admin steps into surrogate battle after woman gives birth to baby biological parents asked her to abort
Donald Trump's administration has weighed in on a case in which a surrogate refused to terminate a pregnancy against the wishes of the biological parents.
McKenna West from Alaska had entered into an agreement with Nausheen Gilkar and Omar Ahmed from California to carry their child.
Contracts for surrogacy transfer all parental rights to the biological parents, which includes decisions over whether to terminate the pregnancy, and it is understood that their agreement included a clause on termination.
When West was around 20 weeks pregnant the fetus was diagnosed with hypoplastic left heart syndrome, a rare condition where the left side of the heart in undeveloped.
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This is survivable, but requires immediate surgery upon birth to prevent heart failure and can lead to lifelong health complications.
West refused a request by the parents to terminate the pregnancy, and travelled to Texas which has a near total ban on abortion, and the child has now been born.
The case has since become the center of political drama, with Texas Attorney General Ken Paxton securing a court order that the baby, referred to as 'Baby Gabriel', receives medical treatment.
This has now escalated further with the intervention of officials from the Trump administration, with the Department of Health and Human Services' Office for Civil Rights (HHS) supporting the court order.
The HHS Civil Rights office also reminded two hospitals in Texas that withholding medical treatment based on disability is against federal law, with the department telling Fox News that these protections extend to life-sustaining treatment.
Officials also added that they would be writing a letter to Children's Medical Center for Dallas and UT Southwestern Medical Center about the matter.
Speaking after the court order, Paxton said: "The court has made the right decision in immediately acting to protect baby Gabriel’s life and ensure he receives the care he deserves."
He added: "My office utilized every tool at our disposal to protect life, and we will not back down in continuing to support baby Gabriel’s well-being.
"Every child in our state deserves to be cared for and protected, and that’s exactly what I’ll fight for."
A court order also currently bars West from seeing or having any contact with the child, and an attorney representing the biological parents, meaning the people whose DNA the child shares, have told TMZ that they have physical custody and the child is receiving medical care.
Attorney Lee Bunder added that the couple are now focussed on the health of the child.
West refused to carry out the abortion, flying to Texas due to the state's extremely restrictive laws around abortion.
Texas law also recognizes anyone who gives birth as the legal mother of that child, potentially granting her additional legal rights, though at present the most recent court ruling has not granted her these rights, including those around making medical decisions on the child's behalf.
The case has reopened the debate around surrogacy and abortion.
A further court hearing on the case has been scheduled for August 25.
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.
Topics: US News, Donald Trump
Kit Roberts