A surrogate mother fled to Texas to save her unborn baby after the intended California parents allegedly pressured her to end the pregnancy — and a Dallas judge just ordered hospital staff to provide life-sustaining care to the newborn.
McKenna West gave birth in Texas one day after the emergency court order, which came amid an escalating legal battle over treating the infant’s severe congenital heart defect.
The dispute began around the 20th week of pregnancy, when routine fetal imaging revealed the baby had hypoplastic left heart syndrome — a rare condition in which the left side of the heart fails to develop properly, severely restricting blood circulation throughout the body.
West, who is from Alaska, was about 20 weeks pregnant when the baby was diagnosed, according to CBS News.
“It was scary to think that something might be wrong, and that I may be the one that’s not able to make a decision about the treatment,” West told Live Action, an anti-abortion rights organization.
Following the diagnosis, West accused the California couple — Omar Ahmed and Nausheen Gilkar — of pressuring her to terminate the pregnancy. She subsequently fled to Texas to ensure the pregnancy continued to term.
Republican Texas Attorney General Ken Paxton intervened on West’s behalf, prompting the Dallas court to mandate immediate stabilizing care and life-saving intervention for the infant.
“Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care. My office will use every tool available to protect innocent lives and ensure that every child receives the care required under Texas law.”
Governor Greg Abbott also weighed in, reminding the public that the state’s laws protect every child born in Texas and guarantee their right to life. Abbott added that the Department of Family and Protective Services holds authority under Texas law to protect children from medical neglect and will be closely monitoring the case.
The newborn is currently receiving stabilizing treatment at a Texas pediatric care facility and is being evaluated for complex multi-stage open-heart surgery.
The Intended Parents Fight Back
However, Ahmed and Gilkar strongly contest West’s account of events.
In court filings, the couple denied having any intention to withhold treatment or abandon their child once born, clarifying that their inquiries were focused on obtaining clear medical prognoses regarding the child’s quality of life.
Lee Budner, an attorney representing the couple, accused West and Texas officials of converting a deeply personal medical tragedy into political theater. Budner added that his clients’ sole focus is ensuring their child receives vital medical care while maintaining their legal rights as parents to remain by their son’s side.
“Right now, our clients are continuing to place their baby’s health and well-being first, following the advice of the baby’s medical team, as they always have and just as any loving parent would. As if the heartbreak of his condition were not enough, they are devastated to see their family tragedy transformed into political theater by the Texas Attorney General’s office and McKenna West.”
A California court previously ruled that West holds no legal or physical custody rights to the child under the terms of the signed surrogacy agreement.
Following the birth in Texas, the intended parents secured a temporary restraining order restricting West from holding or visiting the infant, even as Texas courts continue to oversee orders regarding the child’s emergency medical treatment.
What Happens Next
Pediatric heart specialists are evaluating the infant to prepare for a necessary series of open-heart procedures, beginning with a vital first-stage corrective surgery in the coming days.
Under the Dallas County judge’s ruling, hospital staff must provide all life-sustaining care and keep the infant at the local medical center in Texas, while a court-appointed guardian ad litem oversees compliance to ensure treatment is not withheld or delayed.
The intended parents hold physical custody and medical decision-making authority for their son under California pre-birth orders and Texas court mandates, while West remains under temporary court orders strictly prohibiting her from contacting, holding, or making medical decisions for the child.
The ongoing jurisdiction clash will culminate in a scheduled August 25th hearing, where Texas courts will examine parentage claims, state jurisdiction over the baby’s care, and whether the intended parents can eventually transport the child to California for long-term specialized treatment once he is stable enough to travel.
