A surrogate mother, who opted not to abort a baby against the wishes of the child’s biological parents, delivered the baby early Wednesday.
McKenna West is at the center of an ongoing debate surrounding parental rights and abortion after her pregnancy was complicated by a serious yet treatable heart condition diagnosed in the fetus.
West, initially due to give birth on September 2, welcomed her son Gabriel in the Dallas area, according to her attorney Lincoln Wilson.
Wilson indicated that Gabriel will need life-saving treatment for his congenital heart defect.
However, a court order prevents West from seeing or holding her newborn.
The legal dispute began in April when the fetus was found to have hypoplastic left heart syndrome (HLHS), a grave heart condition, at 20 weeks.
The surrogacy agreement that West signed included a provision for an abortion if an “abnormality” was identified during pregnancy.
After receiving this diagnosis, the biological parents requested that West terminate the pregnancy.
As a single mother of two, West declined the request and moved to Texas, where she is acknowledged as the biological mother under state law.
Texas Attorney General Ken Paxton’s petition was approved on Tuesday, compelling doctors to carry out life-saving procedures on newborns to ensure they remain in the state.
The emergency court order mandates that two Dallas hospitals provide urgent medical treatment for Gabriel, which includes intensive care and potentially surgery.
Newborns diagnosed with HLHS typically require surgical intervention right after birth to survive past their initial week.
Yet, even if Gabriel is discharged from the hospital, the legal ramifications remain uncertain.
Currently, a separate court order restricts West from interacting with the baby, but her legal team is contemplating requesting custody if permitted by the court.
According to the Dallas Morning News, West’s attorneys argue that while the abortion clause in the surrogacy contract is common, it “violates state and federal law.”
Wilson remarked, “The law doesn’t allow contracts with hit men. And this is a killer’s contract.”
The California couple suing West was set to appear in Dallas County Court on August 25.
