A Texas court has ordered care for surrogate McKenna West’s unborn baby, Gabriel, after the biological parents sought an abortion.
A Texas court has stepped into the fight over surrogate McKenna West’s unborn baby, Gabriel, granting an early legal win just days before her due date. West, an Alaska nurse, is due to give birth on Sept. 2, while a judge in Texas ordered that the child receive medically indicated stabilizing and life-sustaining care at birth.
The case centers on a dispute between West and Gabriel’s biological parents, Nausheen Gilkar and Omar Ahmed of California, after the fetus was diagnosed in April with hypoplastic left heart syndrome, a serious but treatable heart condition. The parents asked West to seek an abortion, but she refused and traveled to Texas, where she will be recognized as the birth mother under state law. Texas Attorney General Ken Paxton then filed a petition seeking to ensure the baby receives what he described as life-saving care and to prevent the child from being removed from the state.
The court granted Paxton’s request on Tuesday. Its order says that once the child is born, “medically indicated stabilizing and life-sustaining care shall be provided to the child pending further order of this Court.” It also says no one may withhold or delay that care. In addition, the order bars anyone from removing the baby from the hospital or from Texas after birth unless the court says otherwise.
Paxton praised the ruling as a move to protect the baby’s life and said his office had used every available tool to do so. He said every child in Texas deserves care and protection and vowed to keep fighting for Gabriel’s well-being. Lawyers for Gilkar and Ahmed did not comment on the ruling.
“A Texas court has ordered care for surrogate McKenna West’s unborn baby, Gabriel, after the biological parents sought an abortion.”
West has said the diagnosis came as a surprise at about 20 weeks into the pregnancy. She said the ultrasound led to a referral for another exam after the doctor saw that there was no blood flow through the left side of the heart. She also said all genetic testing had been normal and that the pregnancy had been going well until then. West told Live Action News that she feared the biological parents would choose termination because the surrogacy contract allowed abortions if an anomaly appeared during the pregnancy.
West, who is a single mother of two, said she refused to have an abortion in Alaska. The biological parents have sued her and want the termination carried out in California, while West has said she is only willing to go there if the parents allow Gabriel to receive treatment. The dispute has now moved into the courts in Dallas County, where Gilkar and Ahmed are set to appear on Aug. 25.
According to NewYork-Presbyterian Hospital, newborns with HLHS usually need surgery almost immediately after birth to survive past the first week. The hospital says babies who have surgery have a 75% chance of reaching age 5, and those who make it to their first birthday have a 90% chance of living to age 18. For American readers, the case shows how surrogacy contracts, state law and end-of-life questions can collide fast when an unborn child faces a serious diagnosis. The next courtroom date will shape what happens when Gabriel is born.
Frequently asked questions
What did the Texas court order?
The judge ordered that Gabriel receive medically indicated stabilizing and life-sustaining care after birth. The order also blocks anyone from withholding that care or removing the baby from the hospital or Texas without further court action.
Why is McKenna West in Texas?
West traveled to Texas because state law recognizes her as the birth mother there. That legal position is part of the dispute over where any birth-related decisions will be made.
What condition does Gabriel have?
He was diagnosed in April with hypoplastic left heart syndrome, or HLHS. Newborns with the condition typically need surgery almost immediately after birth.
What happens next in the case?
Nausheen Gilkar and Omar Ahmed are set to appear in a Dallas County court on Aug. 25. The court’s next steps could affect what happens when Gabriel is born.
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