Surrogate who refused to terminate pregnancy despite intended parents wishes gives birth

A surrogate who refused to terminate the pregnancy despite the wishes of the baby’s intended parents has reportedly given birth amid a legal dispute over the child.

McKenna West, a surrogate from Alaska, was carrying the baby for a California couple when doctors discovered during a 20-week scan that the fetus had hypoplastic left heart syndrome (HLHS), a rare birth defect in which the left side of the heart does not develop properly. According to reports, the condition requires three surgeries after birth to correct.

The surrogacy agreement reportedly contained a clause allowing the intended parents to choose to terminate the pregnancy if an “anomaly” was detected. West, however, refused to terminate the pregnancy and subsequently travelled to Texas. West was originally due to give birth on September 2 but delivered the baby boy, whom she named Gabriel, in the Dallas area early Wednesday, according to her attorney, Lincoln Wilson.

The intended parents have sued West, with the case involving legal questions across multiple states. A court hearing had been scheduled for later this month. At present, West is reportedly not permitted to see or care for Gabriel, although her attorney said she has considered seeking custody of the child if a court rules that she can.

The attorney representing the intended parents, Lee Budner, said their immediate priority was the baby’s medical treatment. “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,” Budner said.

Texas Attorney General Ken Paxton has also 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. Meanwhile, West’s lawyer has argued that the termination clause in the surrogacy agreement 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 specialised medical care for his heart condition.