Surrogate Mother Wins Legal Victory Over Abortion Dispute

A surrogate mother has achieved an important legal milestone just weeks before she’s set to give birth, despite her biological parents’ request for her to terminate the pregnancy.

McKenna West, who works as a nurse in Alaska, is expecting a boy named Gabriel on September 2. During her pregnancy, she was diagnosed with hypoplastic left heart syndrome (HLHS), a serious but manageable heart condition.

Her biological parents, Nausheen Gilkar and Omar Ahmed from California, urged her to consider an abortion. However, West has made the journey to Texas, where the law will recognize her as the biological mother.

The Texas Attorney General, Ken Paxton, has filed a petition to ensure Gabriel receives essential medical care immediately after his birth and remains within the state.

The court granted this petition, stating that upon birth, the necessary stabilizing and life-sustaining care must be provided until further court orders specify otherwise. It clarified that no one is allowed to interfere with this care or to take the child out of Texas.

West’s legal victory has not drawn any comments yet from Gilkar and Ahmed’s legal team. Paxton expressed his satisfaction, stating, “The court made the right decision by acting immediately to protect baby Gabriel’s life.” He emphasized that every child in Texas deserves care and protection.

For infants diagnosed with HLHS, immediate surgery is critical for survival during their first week. Babies who undergo such surgeries have a 75% chance of surviving to age five, and those who make it to their first birthday have a 90% chance of reaching age 18.

West’s decision was not easy. She found out about her unborn child’s condition in April when she was in her 20th week of pregnancy. “We were all really upset. There was no indication anything would go wrong,” she recalled, noting that previous tests were normal.

The surrogacy contract, however, included a clause permitting abortion if any “abnormality” was detected, raising concerns that Gilkar and Ahmed might choose to proceed with an abortion. “I was preparing myself for that possibility,” she said.

As a single mother of two, West is now facing a lawsuit from Gilkar and Ahmed for her decision not to proceed with the abortion while in Alaska. They want her termination from her job in California, but she has stated she will only return if they allow Gabriel to receive necessary medical treatment.

A court hearing is set for August 25 in Dallas County.