Surrogate Gives Birth in Texas Amid Legal Battle Over Baby's Heart Care
Surrogate McKenna West gave birth in Texas after a judge ordered life-saving care for the baby, who has hypoplastic left heart syndrome.
A surrogate mother gave birth in a Texas hospital on Wednesday, a day after a Dallas judge ordered life-sustaining treatment for the newborn, who has a severe congenital heart condition. The child is currently receiving stabilizing care and is scheduled for surgery, according to the surrogate's attorney, Lincoln Davis Wilson.
The surrogate, McKenna West, had traveled to Texas amid a dispute with the intended parents, a California couple, over how to handle the pregnancy after the fetus was diagnosed with hypoplastic left heart syndrome (HLHS), a condition where the left side of the heart cannot properly pump blood. West accused the couple of wanting to end the pregnancy, a claim they have denied in court filings.
Texas Attorney General Ken Paxton intervened in the case, supporting West. A judge on Tuesday ordered that the newborn receive life-sustaining treatment. Wilson said West has taken on great personal risk, and noted that a temporary restraining order has prevented her from seeing or holding the child.
The intended parents, Omar Ahmed and Nausheen Gilkar, have stated they never intended to refuse surgery. Their attorney, Lee Budner, said the baby is receiving medical care and accused West and Paxton of turning a family tragedy into "political theater." Ahmed wrote in court documents that he and Gilkar have consistently sought to consult with physicians to make informed medical decisions for their child.
HLHS is a life-threatening condition that, without treatment, can lead to death within days or weeks. The CDC notes that treatment requires multiple complex surgeries, and even then, additional procedures or a heart transplant may be necessary.
Legal experts say such disputes are rare. University of Texas School of Law professor Rachel Rebouché noted that while surrogacy contracts often address medical decisions, those terms are often "aspirational, not enforceable in court." She added that Texas law grants parents the right to make medical decisions but does not allow them to deny care in a way that constitutes medical abuse or neglect, and courts have the power to intervene in the best interest of the child.